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2019 Supreme(Bom) 1467

AKIL KURESHI, S.J.KATHAWALLA
Shailaja R. Khanvilkar – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
Venkatesh Dhond, Adv., Saket Mone, Adv., Subit Chakrabarti, Adv., Abhishek Prabhu, Adv., Dhanesh R. Shah, Adv., Pradeep Sancheti, Adv., Roop Basu, Adv., Ayush Aggarwal, Adv.

JUDGMENT :

S.J.KATHAWALLA, J.

1. This Writ Petition impugns a circular dated 4th January,2018 issued by Bharat Petroleum Corporation Limited ("BPCL") / Respondent No.3 ("Impugned Circular") and a communication dated 13th March,2018 addressed pursuant to the Impugned Circular ("Impugned Communication").

2. Prior to dealing with the respective arguments canvassed by the parties, it would be necessary to set-out the following :

    2.1 The Petitioners are distributors of Liquefied Petroleum Gas ("LPG") being marketed by BPCL. For this purpose, between 1964 and 1999, various Distributorship Agreements have been entered into individually between each of the Petitioners and BPCL from time to time.

2.2 The Distributorship Agreements do not prescribe any maximum number of cylinders that can be supplied. However, since earlier there was a shortage of LPG cylinders and people had to wait for a long time to get the LPG connection, BPCL from time to time issued Circulars prescribing ceiling limits ("refill ceiling limits"). The said refill ceiling limits were increased from time to time.

2.3 Since l

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