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2011 Supreme(Guj) 425

SUDHANSU JYOTI MUKHOPADHAYA, J.B.PARDIWALA
IBP Co. Ltd. Through Its Chairman – Appellant
Versus
Bharat Mohanlal Trivedi – Respondent


Advocates:
Mr. Manish R. Bhatt, Sr. Counsel with Mrs. Mauna M. Bhatt, for the Appellant No. 2.
Mr. Percy Kavina, Sr. Counsel with Mr. Biren A. Vaishnav, for the Respondent No. 1.
Mr. P.S. Champaneri and Mr. Hriday Buch, for the Respondent No. 2.

Judgment

S.J. Mukhopadhaya, CJ.—In all these cases, as a common question of law is involved and common judgment dated 20.11.2009 passed by the learned Single Judge is under challenge, they were heard together and disposed of by this common judgment. While appeals have been preferred by the Oil Companies, cross objections have been filed by the land owner – petitioners, as according to them, no specific direction is given by the learned Single Judge to provide for the dealership.

2. Indo Burma Petroleum Co. Ltd. (IBPC), Indian Oil Corporation (IOC), etc. (hereinafter referred to as “the Oil Companies”) are the appellants who have preferred the appeals under Clause 15 of the Letters Patent against the common judgment, whereby the learned Single Judge held that the respondents – land owners, the writ petitioners, or their nominees are entitled for dealership of Retail Outlet which is being run by the Oil Companies as Company Owned Company Operated [hereinafter referred to as “the COCO Retail Outlet”).

3. Therefore, the only question arises whether the respondent – land owner – writ petitioners or their nominees are entitled for dealership of the COCO Retail Outlets run by the Oil Compani








































































































































































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