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1988 Supreme(Pat) 307

S.B.SINHA
Ashok Kumar Chaudhary – Appellant
Versus
Hindustan Petroleum Corporation Ltd. – Respondent


Advocates appeared:
For the petitioner: Mr. Tara Kant Jha.
For the Respondents: M/s Navin Kr. Sinha, N. K. P. Sinha (for Resp. 1 & 2) and Ganesh Prasad Sinha (for Resp. 3)

JUDGMENT

S. B. Sinha, J.

This writ petition, inter alia, is directed against an order issued by the respondent No.1 contained in a letter dated 27th August, 1986 and as contained in Annexure-15 to the writ application, whereby and whereunder, the said respondent terminated the agreement of dealership of the petitioner contained in the memorandum of agreement dated 1.10.1983.

2. Shorn of all unnecessary details the facts of the case are as follows :-

An advertisement was issued on 1.4.1982 for appointment of agent for dealership outlet at Barauni. The said dealership was to be given to the unemployed graduates. The petitioner, pursuant to the said advertisement, applied for the said dealership and ultimately, was found fit therefore. Thereafter letter of intent dated 6.10.1982 was issued in favour of the petitioner.

3. According to the petitioner, he developed the land where the pump was to be installed and also constructed a building.

4. A dealership agreement was thereafter entered into by and between the petitioner and respondent corporation on 1.10.1983. It is admitted by the petitioner that although the outlet was commissioned on 22.12.1983 but the same was closed for lack of adequa









































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