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2018 Supreme(Cal) 689

DEBANGSU BASAK
Mahadeb Automobiles – Appellant
Versus
Indian Oil Corporation Ltd – Respondent


Advocates Appeared:
Saptangshu Basu, Adv., Lalit Mohan Mahata, Adv., Prasanta Behari Mahato, Adv., Manobendra Singh Yadav, Adv.

JUDGMENT :

Debangsu Basak, J.

1. Termination of a dealership agreement is under challenge in the present writ petition.

2. Learned Senior Advocate appearing on behalf of the petitioners submits that, the Oil Company issued an advertisement dated August 6, 2003 inviting applications for grant of dealership. Pursuant to which, the petitioners applied. Such application dated November 10, 2003 was evaluated by the Oil Company and the dealership was awarded. Subsequently, the petitioners received a notice dated December 10, 2009 from the Oil Company requiring the petitioners to show-cause with regard to four charges given in the show-cause notice. The petitioners replied thereto by a writing dated December 18, 2009. The petitioners did not hear anything on the show-cause notice and assumed that, the first show-cause notice stood dropped. However, the petitioners received a show-cause notice dated December 31, 2010. In the second show-cause notice, it is alleged that, the petitioners had taken the resources of the Corporation illegally and un-authorizedly and submitted the same to the Investigating Agency to defend the dealership. Such second show-cause notice was replied to by a writing da


























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