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2004 Supreme(Pat) 1117

Bharat Oil Distributors – Appellant
Versus
Bharat Petroleum Corp. Ltd. – Respondent


Advocates Appeared: For the Appellants
Mr. Amaresh Kumar Singh.
For the Corporation : Mr. Ajay Kr. Tripathi.

ORDER

This appeal is directed against the order dated 18.9.2004 passed by the learned single Judge whereby the writ petition filed by the petitioner-appellant against the order of termination of K. Oil dealership and also against the order granting dealership to respondent no.3 (Sukhdeo Singh) has been dismissed.

2. Admitted fact is that initially the licence for K. Oil dealership was in the name of Dinanath Prasad. He died and his wife expressed unwillingness to run the dealership as a result of which there was no K. Oil dealer of the respondent company at Dehri-on-sone. In such a sitatuion, the respondent company made an emergent stop-gap arrangement in which the petitioner was appointed as an ad hoc dealer. The relevant part of the order granting dealership to the appellant is contained in Annexure-1 which runs as follows;

"We have appointed M/s Bharat Oil Distributor with Shri Suresh Pd. Singh and Sri Sanjeev Kumar as partners to run the SKO dealership to enable us to meet the SKO requirements of the people in the district on ad-hoc basis."

3. Learned single Judge having taken note of the aforesaid fact and also the fact that the licence was granted to respondent no.3 after followi





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