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2008 Supreme(Cal) 997

DIPANKAR DATTA
Tarun Kumar Halder – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates appeared:
Saptangshu Basu, Sagar Bandopadhyay, Tirthankar Ghosh, Phiroze Edulji for the petitioner;
Sabyasachi Chowdhury, Debashish Dutta, Maya Bhadra for the respondent Nos. 1 to 3;
Sourya Sadhan Bose, Cedric Fernandez for the respondent No.4.

Judgment :

1. The two petitioners and the added respondent, who are brothers, constituted a partnership firm under the name and style M/s. Sankar Filling Centre. In pursuance of a Memorandum of Agreement (hereafter the MOA) executed on 2.11.98 between Bharat Petroleum Corporation Limited (hereafter BPCL) and the three brothers, they were appointed as dealers and license was granted by it in their favour for a period of 15 years from 26.6.98 to run the retail outlet at 73D, Narkeldanga Main Road, Kolkata 700 054 and to use motor spirit and/or HSD pumps, storage tanks, pipes and fittings and all other facilities erected and provided by BPCL upon the said premises and also other facilities that may be provided by BPCL on the said premises during continuance of the licence. It is the specific case of the petitioners that they have been running the retail outlet without any blemish and at no point of time any complaint was lodged by any customer regarding quality and quantity of petroleum products sold by them from the retail outlet. From time to time, officials of BPCL conducted a number of inspections and on each of such inspection, no irregularity was detected. However, on 20.10.07 e











































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