Judgment

Mrs. Sujata V. Manohar, J.-M/s. Caltex (India) Ltd., the predecessor-in-interest of the appellant M/s. Hindustan Petroleum Corporation Ltd., entered into two agreements both dated 30th of November, 1975 with respondent No. 5 as the sole proprietor carrying on business in the name and style of M/s. National Oil Trading Co., granting respond­ent No. 5 dealership in kerosene at two places of business-Bagnan and Kolaghat. These agreements were replaced by two agreements both dated 6th of July, 1984 entered into by the appellant which respond­ent No. 5 as the sole proprietor carrying on business under the firm name and style of M/s. National Oil Trading Co. granting him dealer­ship in kerosene at Bagnan and Kolaghat. The material parts of Clauses 14 and 17 of these agreements are as follows:

“14. The dealer shall not sell, assign, mortgage or part with or otherwise transfer his interest in the dealership or the right, inter­est or benefit conferred on him by this agreement to any person. In the event of the dealer being a partnership firm any change in the constitution of the firm, whether by retirement, introduction of new partners or otherwise howsoever will not be permitted wi