: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.309 OF 2008 WITH CIVIL APPLICATION NO.367 OF 2008 Sanjay Gurappa Deshmukh & Ors. ..Appellants Vs. Indian Oil Corporation Ltd. & Ors. ..Respondents. Mr.G.S.Godbole for the Appellants. Mr.Shekhar Shetye i/b.M/s.Sarkar & Sarkar for Respondent nos.1 to 3. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 12TH NOVEMBER, 2008 DATED : 12TH NOVEMBER, 2008 DATED : 12TH NOVEMBER, 2008 P.C. : P.C. : P.C. : Admit. Heard finally. 2. The impugned order warrants modification to protect the rights of both the parties. 3. Even under the lease deed, the Respondent/ Defendant is entitled to assign/transfer/sublet or lease the demised premises along with structures therein or any part thereof subject to prior written consent from the lessor. The Respondent has agreed to abide by the same and it is so ordered. : 2 : 4. The only question is whether the Respondent carrying on business through a dealer would be contrary to the above clause. Mr.Shetye states that the dealer or any other person appointed to carry on the business of the Respondent does not and will not have any right, title and/or interest of any nature whatsoever in, to, upon or in respect of the suit property or even the structures thereon. The statement is accepted. It is however necessary to protect the Plaintiff in this regard further to obviate any contention by any such third party to the effect that a right in respect of the suit property and/or the structures thereon exists or subsists in their favour. 5. In the circumstances, the impugned order is substituted with the following order :- i) The dealers/contractor or such other party, if any, appointed by the Respondent, shall file an affidavit in the trial Court expressly stating that they have no right, : 3 : title and/or interest in, to, upon or in respect of the suit premises or structures thereon and that they will not for any reason whatsoever, obstruct a decree, if any, is passed in favour of the Appellants. Such a term shall also be incorporated in the agreement, if any. The agreement shall not come into force until and unless the above undertaking on affidavit is filed before the trial Court. It is clarified that such dealer/contractor or other person shall not be impleaded as a party to the suit. He will carry out the functions under any agreement, subject to this order. Appeal from Order and the Civil Application are disposed of accordingly.