22. caf 27-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION . CIVIL APPLICATION NO 27 OF 2011 IN . FIRST APPEAL NO 29 OF 2011 Bharat Petroleum Corporation Ltd .. Applicant Vs Chembur Service Station .. Respondent . . . Mr Minoo Siodia with Raina Bhagatwala N Singh i/b M/s Rustamji & Ginwala for the Applicant . . . Mr J J Thakker for the Respondent : CORAM . . , . A S OKA J : DATE 7th , . FEBRUARY 2011 . .: P C 1. Heard the learned counsel for the applicant and learned . counsel for the respondent This is an application for stay of . execution of the Judgment and Decree impugned in the Appeal The applicant terminated dealership granted to the respondent by notice dated 19th . March 2009 The respondent filed a suit , for declaration that the notice of termination was unreasonable . . unjust and unenforceable The suit has been decreed As a , result the applicant has been ordered and decreed to continue and restore the supply of petroleum products and CNG to the . petrol pump of the respondent The learned counsel appearing 1 22. caf 27-11.doc for the respondent opposed the prayer by relying upon the certain decisions of the Apex Court and by contending that the . balance of convenience is in favour of the respondent He submitted that there are 30 employees employed by the , respondent who are sitting idle and if supply is resumed even . the applicant will get revenue . 2 . I have considered the submissions The dealership agreement . has been terminated by the applicant There is no prayer for . specific performance of the agreement of dealership in the suit , During pendency of the suit there was no interim relief . operating in favour of the respondent/plaintiff The decree is of . . , a drastic nature The appeal has been admitted Therefore . , execution of decree will have to be stayed Hence the ( ). application is allowed in terms of prayer clause a . 3 . Hearing of the appeal is expedited . . , . [ A S OKA J ] 2 22. caf 27-11.doc 3