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2009 Supreme(Cal) 5

Debasish Kar Gupta
Jayanta Kumar Pan – Appellant
Versus
Bharat Petroleum Corporation Ltd. – Respondent


Advocates:
Advocate Appeared:
Mr. Kalyan Bandyopadhyay, Mintu Goswami and Kishor Dutta for the Petitioners
Mr. Arunava Ghosh, Sanjib Kumar Mal and Bimalendu Das for the Respondents

JUDGMENT

The judgment of the Court was as follows:-

The subject-matter of challenge in this writ application is the order dated February 24, 2006 passed by the respondent No. 3 terminating the dispensing pump and selling licence (DPSL) agreement dated April 20, 1997.

2. The petitioners were running a retail dispensing pump under the name and style "Kamala Auto Stores" at G.T. Road, Nurkona, District Burdwan on the strength of dispensing pump and selling licence dated April 20, 1997 (hereinafter referred to as the said agreement) for sale of petroleum products namely, Motor Spirit, Hi-Speed Diesel etc., produced by the Bharat Petroleum Corporation Ltd.

3. The respondent No. 3 issued a show-cause notice dated August 8, 2005 to the petitioners to show-cause as to why the retail outlet of the petitioners had been found dry of HSD during inspection on August 7, 2005. In reply the petitioners informed the respondent No. 3 on August 13, 2005 that the cause of drying out of HSD on August 7, 2005 was delay in receiving the supply of the product. Thereafter, the respondent No. 3 issued a show-cause notice dated August 23, 2005 to the effect as to why the respondent authority would not take actio



















































































































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