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2010 Supreme(SC) 1152

MARKANDEY KATJU, GYAN SUDHA MISRA
Shalimar Gas – Appellant
Versus
India Oil Corpn. – Respondent


Advocates appeared:
Sobha Dikshat, Sr. Adv., Sandeep Srivastava, Braj Kishore Mishra, Ujjwal Jha, Aparna Jha and Vikram Patrabkh Yadav, Advs.
Abhinav Vasisht, Rajat Navet, Raman Kumar and Pradeep Kumar Bakshi, Advs.

JUDGMENT

Markandey Katju, J.

1. Leave granted.

2. This appeal has been filed against the impugned judgment and order dated 6.5.2010 of Delhi High Court in LPA No. 216/2010.

3. Heard learned Counsel for the parties and perused the record.

4. The facts of the case have been set out in the impugned judgment and hence we are not repeating the same here except where it is necessary.

5. Appellant No. 2 before us, Mrs. Aruna Nanda, is a widow of late Sqn Ldr. Romesh Nanda who was killed in an air crash in 1978 in course of his duty. She was allotted an Indane Gas distributorship as a sole proprietor of M/s. Shalimar Gas, Appellant No. 1. She continued looking after the management till 2003 herself or with the help of her two daughters.

6. On 26.2.2003, Appellant No. 1, i.e. M/s. Shalimar Gas Service, was converted into a partnership firm with Appellant No. 2 and with her two daughters as partners. After the marriage of her daughters, Appellant No. 2 entered into a partnership with Appellant No. 2, Anil Kumar, on 21.12.2006 with 51% and 49% shares, respectively.

7. The Respondent-corporation held an enquiry and came to the conclusion that Appellant No. 2 assigned/transferred the distributorship in








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