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2005 Supreme(SC) 1216

S.B.SINHA, C.K.THAKKER
Hindustan Petroleum Corpn. LTD. – Appellant
Versus
Darius Shapur Chenai – Respondent


Judgment

S.B. Sinha, J.—Hindustan Petroleum Corporation Limited was a tenant in the premises in question wherefor an agreement of tenancy was entered into by and between the father of the First Respondent and Caltex (India) Limited for a period of ten years from 15.12.1965. On or about 24.12.1974, another deed of lease was executed by the mother of the Respondent No. 1 in favour of Caltex (India) Limited for a period of five years expiring on 31.7.1979. On or about 30.12.1976, the Caltex (Acquisition of Shares of Caltex Oil Refining (India) Limited and of the Undertakings in India of Caltex (India) Limited) Ordinance, 1976 (which was repealed and replaced by the Caltex (Acquisition of Shares of Caltex Oil Refining (India) Limited and of the Undertakings in India of Caltex (India) Limited) Act, 1977) was promulgated whereby and whereunder right, title and interest of Caltex (India) Ltd. in relation to its undertakings in India stood transferred to and vested in the Central Government. The Central Government, however, in exercise of its power conferred upon it under Section 9 of the said Act directed that the said undertakings shall, instead of continuing to vest in the Central Govern



































































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