Negus Mercantile Private Limited vs Shakuntala Jain

Debangsu Basak, J

The Court: Affidavit filed in Court today be taken on record.

The applicants are the two sons of the defendant in the suit. They claim that there is a subsisting dealership agreement between the applicants and Indian Oil Corporation Limited allowing the applicants to carry on petroleum distributorship business from the suit premises.

Learned senior advocate appearing in support of the applicants submits that, although the application is for adding the applicants as party defendants in the suit, the application may be treated as one of pro-inter esse suo suit.

Learned senior advocate for the applicants submits that, the order of injunction passed in the suit subsequently confirmed on November 27, 2019 affects the applicants. By the interim order dated November 27, 2019 the defendant was restrained from carrying on any unauthorized construction at the suit premises. He submits that, petroleum dealership business was closed for a considerable period of time due to internal disputes between the family members. There is now a possibility of revival of such business. In course of carrying on such business, the applicants will be required to change underground reservoir tanks along with other instruments. It may be contended on behalf of the plaintiff that, the applicants are violating the subsisting interim order of the Court. The applicants do not want such a situation to occur. Therefore, the applicants seek modification and/or clarification of the subsisting interim order.

Learned senior advocate appearing for the defendant draws the attention of the Court to the clauses of the deed of lease. He submits, the plaintiff is aware of the fact that, a petroleum distributorship business is being carried on from the suit premises.

Learned senior advocate appearing for the plaintiff submits that, the applicants have no locus standi so far as the present suit is concerned. None of the applicants are the party defendants in the suit. The applicants cannot be added as party defendants in the suit. The applicants at best are agents of Indian Oil Corporation Limited. Indian Oil Corporation Limited did not apply for modification of any subsisting orders in the suit. The applicants do not have any right to carry on business from the suit premises. He submits that, the applicants are not entitled to any order from the Court.

In a suit for declaration and injunction the plaintiff obtained interim orders which were confirmed on November 27, 2019 in presence of the defendant. The interim orders subsisting in favour of the plaintiff are in terms of prayers (c) and (d) of the interim application of the plaintiff. Prayers (c) and (d) of such application are as follows:-

"(c) An order of injunction do issue restraining the respondent and her men, servants and agents from commencing and/or carrying on structural additions and/or alterations and /or construction work at the "said Premises", more particularly described in the Schedule being Annexure "A" hereto or portion thereof, without express written consent of your petitioner;

(d) An order of injunction do issue restraining the respondent and her men, servants and agents from in any manner changing the nature and character of the "said Premises", more particularly described in the Schedule being Annexure "A" hereto and/or alienating, transferring, parting with possession, creating any sort of third party interest and/or otherwise encumbering the "said Premises" or portion thereof in any manner whatsoever;"

The plaintiff claim to have leased out the suit premises to the defendant. The plaintiff seeks a declaration that, the defendant does not have any right to cause and/or make any structural additions and /or alterations and/or construction at the suit premises and the defendant has no right or authority to change the nature and character of the suit premises.

The applicants rely upon an agreement for dealership at own site entered into between the applicants and IBP Company Limited. The Court is informed that, presently such agreement for dealership at own site is between the applicants and the Indian Oil Corporation Limited.

The agreement for dealership at own site vests certain rights on the applicants as between the applicants and the oil company concerned. The right of the applicants is to sell the oil of such oil company from the suit premises. Right to carry on business by the applicants in the nature as described in the agreement for dealership at own emanates out of such agreement. The plaintiff cannot deny such right to the applicants. The applicants may be required to undertake certain constructions at the suit premises by reason of the agreement between the oil company and them.

As noted above, the applicants are not parties to the suit. The aforesaid interim order as confirmed on November 27, 2019 governs the parties to the suit. As the applicants are not parties to the suit and since the plaintiff opposed the prayer of the applicants to be added as party defendants to the suit and since the applicants at the hearing of the application gave up their prayer for being added as parties to the suit, it would be appropriate to clarify the interim order passed by this Court as confirmed on November 27, 2019 that it will not affect the rights of the applicants to carry on business at the suit premises, in accordance with law.

With the aforesaid observation, GA No. 2218 of 2019 is disposed of without any order as to costs.