JUDGMENT:

ORIGINAL JURISDICTION: Transferred Case No.7 of 1987

In

Transfer Petition No. 390 of 1986.

Dr. Y.S Chitale, T .U. Mehta and R.P. Kapur for the Petitioners N.N. Keshwani, R.N. Keshwani, Ms. Madhu Moolchandani and K. Rajendra Chodhary for the Respondents.

The Judgment of the Court was delivered by

SEN, J. The principal question in controversy in this petition under Art. 226 of the Constitution filed by the Hindustan Petroleum Corporation Ltd., a Government of India undertaking, which has been transferred from the High Court of Bombay to this Court under Art. 139A Of the Constitution, is whether the petitioner is entitled to the protection of PG NO 48 s. 15A of the Bombay Rent, Hotel and Lodging House Rates Control Act, 1947, introduced by Maharashtra Act No. 17 of 1973 read with s. 5 of the Esso (Acquisition of Undertakings in India) Act, 1974.

Put very briefly, the essential facts are these. The Esso Eastern Inc., a company organised and existing under the laws of the State of Belaware, U.S.A., was carrying on, in India the business of distributing and marketing petroleum products manufactured by Esso Standard Refining Company of India- Ltd., and Lube India Ltd.. and had, for tha