ssm

sm

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IN

IN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL

CIVIL

CIVIL APPELLATE JURISDICTION

APPELLATE JURISDICTION

APPELLATE JURISDICTION

WRIT

WRIT

WRIT PETITION NO. 6689 OF 2008

PETITION NO. 6689 OF 2008

PETITION NO. 6689 OF 2008

Chembur Service Station

...Petitioner

Vs.

Bharat Petroleum Corporation Ltd.

...Respondent.

Mr.C.J.Sawant, Sr.Counsel i/by Mr.Jawahar J.Thakkar

for the Petitioner.

Mr.M.D.Siodia with Ms.Raina Bhagatwala i/by M/s.

Rustomji & Ginwala for the Respondent.

CORAM

CORAM

CORAM : ANOOP V.MOHTA, J.

: ANOOP V.MOHTA, J.

: ANOOP V.MOHTA, J.

DATED

DATED

DATED : 01st October, 2008.

: 01st October, 2008.

: 01st October, 2008.

ORAL

ORAL

ORAL JUDGMENT:-

JUDGMENT:-

JUDGMENT:-

.

Heard finally by consent.

. The Petitioner has challenged the impugned order

whereby, after considering the rival contentions of

the parties, the Appellate Small Causes Court partly

modified the order passed by the court below pending

the framing of preliminary issue regarding

jurisdiction of the Court to try the Suit. The

Operative part of order dated 26/08/2008 is as under:-

"ORDER

.

Appeal No.401 of 2008 is hereby partly

allowed and interim order in notice of

( 2 )

motion at Exhibit 8 in R.A.D.Suit No.913

of 2008, hereby set aside to the extent

that Defendant shall continue to supply

petrol and petroleum products in the

suit premises to the Plaintiff until

framing of preliminary issue regarding

jurisdiction and giving judgment

thereon.

.

Appeal No.401 of 2008 on rest of the

counts partly stands dismissed.

2. The basic order passed by the Trial Court dated

13/05/2008 is as under:-

ORDER

ORDER

ORDER

1.

The defendant is directed to maintain

status quo as of today i.. the

plaintiff shall remain in possession of

the suit premises and defendant shall

continue to supply petrol and petroleum

products to the petrol pump in the suit

premises until framing of preliminary

issue regarding jurisdiction to

( 3 )

entertain and try the present suit and

giving judgment thereon.

2.

It is made clear that defendant and its

officers and servants and agents are

entitled to inspect the petrol pump and

equipments thereat for purpose of

checking smooth working of the same."

3. Admittedly, there is an agreement of Dealership,

between the parties dated 01/12/1995, called

"Agreement for Dispensing Pump and Selling Licence",

and also an agreement called "Service Station /Depot

Site Lease". The 1995 Agreement is in force till this

date. Admittedly, the Bharat Petroleum Corporation

Limited- the Respondent has issued show cause notice

to the Plaintiff- Petitioner before terminating the

said dealership on various alleged breaches of terms

and conditions of 1995 agreement.

4. The Plaintiff-Petitioner, immediately after the

receipt of the said Show Cause Notice, has filed the

present Suit in the Small Causes Court. The Suit is

under Maharashtra Rent Control Act (for short, "The

Mah. Rent Act").

( 4 )

5. The learned Sr. counsel appearing for the

Petitioner has strongly relied on Section 29 of the

Mah. Rent Act. The relevant extract is as follows.:-

"29.

Landlords not to cut-off or withhold

essential supply or service.

1)

No landlord, either himself or through

any person acting or purporting to act

on his behalf, shall, without just or

sufficient cause, cut-off or withhold

any essential supply or service enjoyed

by the tenant in respect of the

premises let to him.

2)

....

3)

....

4)

....

5)

....

6)

An application under this section may

be made jointly by all or any of the

tenants of the premi