eng
competition

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High Court Ki Taiyari

created Jan 19th 2023, 12:14 by 1998Raunak


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414 words
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It is by reference to this judgment of the Hon'ble Supreme Court of India that the petitioner has a purported basis for coming forward with the present writ petition before this Court. The actual licence period of 15 years for running the petrol pump in favour of M/s Shree Mukhtanand Auto Aid and the proforma respondent nos. 1 & 2 expired in the year 2017 but the petrol pump continued to be run at the very same site.During the currency of the licence period, the proforma respondent nos. 1 & 2 had taken a back seat in carrying out the running of the petrol pump and it was the lessor no. 3 i.e. Smt. Santosh Gupta, who on the basis of financial investment from her end came to run and manage the petrol pump on the basis of a deed made to the effect on 27.06.2003. Thus, in a manner Smt. Santosh Gupta was taken in as a financial partner by the proforma respondent nos. 1 & 2. The fact of Smt. Santosh Gupta having come into scene in running and operating the petrol pump was to the notice of the respondent no. 1 and that is the reason that the respondent no. 1 had even objected to the said course of development of induction of Smt. Santosh Gupta by virtue of a communication dated 15.12.2003 followed by a purported threat to terminate in terms of a communication dated 18.05.2004 but the fact remains that despite this purported threat to terminate, the respondent no. 1 put up with the status of things without bringing an end to the running of the petrol pump at the site in the name of M/s Shree Mukhtanand Auto Aid.Before the Hon'ble Supreme Court of India a question cropped up as to whether the injunction granted by the civil courts which was restored by this Court in terms of its judgment 08.03.2022, could continue post the expiry period of dealership in the year 2017 and on that basis the judgement dated 08.03.2022, came to be set aside by the Hon'ble Supreme Court of India with a time frame of six weeks given to M/s Shree Mukhtanand Auto Aid to vacate the premises. However, the Hon'ble Supreme Court of India spared an observation in its order dated 09.12.2022 that in case an application is moved for regularization in view of the changed policy in place of the respondent no. 1, the same to be considered on its merits.

 

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