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2023 Supreme(Bom) 645

ROHIT B. DEO, M. W. CHANDWANI
Vijay S/o. Harinarayan Choudhary – Appellant
Versus
Indian Oil Corporation Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. R.M. Sharma
For the Respondent: Mr. A.V. Khare, Mr. Vijay Bramhe

JUDGMENT :

Rohit B. Deo, J.

Heard.

2. The petitioner is assailing the order dated 1.11.2022, passed by respondent 3 – Joint Chief Controller of Explosives, refusing to suspend or cancel the license for storing, selling or carrying out business in petroleum, diesel and allied products and services issued to respondent 1.

3. Factual matrix :

3.1) Petitioner is the owner of plot 190, CTS 854, Mouza Harpur which is situated in Ayurved Layout, South Ridge Road, Nagpur admeasuring 6000 Sq.Ft. in area (subject plot).

3.2) Respondent 1 – Indian Oil Corporation Limited (IOCL) is a government company registered under the Companies Act, 1956.

3.3) The subject plot was leased in favour of respondent 1 for storing, selling or carrying out business in petroleum, diesel and allied products and services vide registered deed of lease dated 30.4.2004.

3.4) The lease tenure of 11 years and 6 months expired on 29.10.2015.

3.5) Respondent 1 did not vacate the subject plot and the petitioner issued quit notice under Section 106 of the Transfer of Property Act, 1882 (“TP Act”) on 10.12.2015. The notice went unheeded and the petitioner instituted Regular Civil Suit 30/2016 inter alia seeking decree of eviction, wh

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