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2011 Supreme(Cal) 1322

SYAMAL KANTI CHAKRABARTI, KALYAN JYOTI SENGUPTA
Kajal Kumar Bhowmick – Appellant
Versus
Indian Oil Corporation Ltd. – Respondent


Advocates appeared:
P.K. Das, Reyaz Hossain, Parmer Hossain, Vineeta Meharia, Amit Kumar, Swati Chowdhury, Barsa Saha, Piyush Meharia

JUDGMENT

SENGUPTA, J.

1. BY this appeal the appellant has impugned the judgment and order dated 11th November, 2010 passed by the then 2nd Bench of the City Civil Court at Calcutta in Miscellaneous Case No. 1208 of 2010. BY the judgment and order the prayer for injunction restraining the respondent from giving effect to the order of termination of dealership was refused. The fact leading to filing the aforesaid Miscellaneous Application in the learned Court below and then preferring appeal is set out briefly as hereunder:-

The appellant herein contends that his father obtained the Petroleum Pump Dealership of the respondent and as such the said business was set up under the name and style of M/s. Bhowmik Service Station at a place in the District of Nadia. However, after death of his father by subsequent agreement dated 10th May, 1978, the appellant retained the said dealership of the respondent No. 1 under the same business name. The agreement was signed by the appellant as a sole proprietor of the said business on one hand and the appropriate officials of the respondent on the other. Pursuant thereto until the time hereinafter mentioned there has been no problem on either side as


















































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