STATE OF MAHARASHTRA Vs. DURAGA AMARSINGH

JUDGEMENT

(1.) This is an application by the State against the order of the Metropolitan Magistrate, 35th Court, V. T. Bombay staying the Criminal prosecution in question until the disposal of a civil suit filed by accused in the City Civil and Sessions Court, Creater Bombay.

(2.) The few facts that need be noted are these : There is a plot of ground abutiing on the Maharsi Karve Marg belonging to the Union of Indian. It was leased out to Burmah Shell Oil Storage and Distributing Co. of India Ltd. (hereinafter referred to as ' Burmah Shell Co ' ) on or about March 7, 1933, for a period of 21 years. After the expiry of that period of lease, there have been two renewals of ten years each and ultimately the lease expired on March 31, 1974. It is not yet known whether there has been a further renewal or refusal by the Government of India to renew the lease in favour or Burmah-Shell Co.

(3.) The accused persons are licensees from Burmah-Shell Co. for running the business of supplying petrol and certain other oils. This business requires a licence from the Corporation. The Corporation has been granting the said licence all along till 31st March 1974. However, after the expiry of the period of lease, though the accused applied for licence the Corporation has intimated to the accused that the licence will not be renewed. In spite of such a refusal and without a valid licence in their favour the accuseds are still carrying on the same business of distributing petrol and certain other oils. For this act of the accused, the Corporation prosecuted them under section 471 of the Bombay Municipal Corporation Act for the breach of section 394 of the same Act.