- (1.) Leave granted.
(2.) The appellant - Bharat Petroleum Corporation Ltd. (also referred to as BPCL) is a Public Sector Undertaking under the administrative control of the Ministry of Petroleum & Natural Gas, Union of India, engaged in refining, distributing and selling petroleum products, such as Motor Spirit (MS/ Petrol), High Speed Diesel (HSD), Kerosene, Liquefied Petroleum Gas (LPG), etc. all over the country. It is the successor-in-title of Burmah-Shell Oil Storage and Distributing Company of India Ltd. (for short 'Burmah Shell').
(3.) On 2.9.1971, Burmah Shell took on lease a piece and parcel of land admeasuring about 680 sq.yds. bearing CTS Nos.339 and 339/1 situated at V.N. Purav Marg, Chembur, Mumbai, for the purpose of a Storage Depot or Service Station with the right to erect and maintain all manner of equipment, plant, machinery, tanks, pumps and structures. In the said plot, Burmah Shell erected and installed the Dispensing pumps together with underground tanks and other equipment, fittings and facilities for storage of petrol. High Speed Diesel (HSD) and other products and constructed some structures for carrying on the business of sale and supply of such products. The said service station is also referred to as a Retail Petroleum Outlet (for short 'the RPO'). On 1.4.1972, the appellant entered into a Dispensing Pump and Selling Licence agreement (for short 'DPSL Agreement') with the respondent, appointing it as the dealer for selling the petroleum products of the appellant from the said RPO.;