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2019 Supreme(Mad) 2076

N.SATHISH KUMAR
Valluvar Gurukulam – Appellant
Versus
Bharath Petroleum Corporation Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.T. Gopalan, Senior Counsel for S. Radha Gopalan
For the Respondents: O.R. Santhanakrishnan

ORDER :

N. Sathish Kumar, J.

1. This Revision has been filed against the Order passed by the trial Court rejecting the application filed by the Defendant in the suit to refer the matter to the High Court under Section 113 r/w Order 46 Rule 1 of CPC.

2. The suit has been filed by the Respondent herein for a declaration that the Plaintiff is entitled to occupy the suit property for a further period of 40 years commencing 01.02.2004, in terms of the provisions of Section 5(2) and 7(3) of the Burmah Shell (Acquisition of Undertakings in India) Act, 1976, and for consequential relief. The fact remains that the Plaintiff was a lessee with the defendants. They filed a suit on the basis of the statutory right provided to the above Act for renewal of lease for a further period mentioned in the original lease. At this stage an application has been filed by the Defendant to refer the matter for opinion of this court, since it is the matter involved the constitutional validity of Sections 5 and 7 of the Burmah Shell (Acquisition of Undertakings in India) Act, 1976 and the same is liable to be struck down. The trial Court has dismissed the application as against which the present Civil Revision Pe

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