JUDGMENT

Altamas Kabir, J. —

1. This Special Leave Petition involves the question as to whether the dealership of the Respondent No.1 had been validly terminated in accordance with Clause 58 of the Dealership Agreement executed between the parties on 30th August, 2003. In addition, it would also have to be considered as to whether the termination of the Agreement was in keeping with the procedure/ guidelines in conducting Marker Test in retail outlets.

2. By virtue of the aforesaid Agreement, the petitioner Corporation entered into an Agreement with the Respondent No.1 for the retail sale or supply of petrol, diesel, motor oils, grease and such other products as might be specified by the Corporation from time to time, at the premises in question. The Agreement was to remain in force for 15 years with effect from 30th August, 2003. However, both the parties would be at liberty to determine the Agreement without assigning any reason by giving three months’ notice in writing to the other of its intention to terminate the Agreement and upon expiration of such notice, the Agreement would stand cancelled and revoked, without prejudice to the rights of either party against the other in re