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2023 Supreme(Cal) 507

C. R. DASH, PARTHA SARATHI SEN
Indian Oil Corporation Ltd. – Appellant
Versus
Prabir Kumar Baidya – Respondent


Advocates Appeared:
For the Appellants : Mr. Jishnu Saha, Sr. Adv., Mr. M.S. Yadav, Ms. Satabdi Naskar.
For the Respondents: Mr. Biswaroop Bhattacharya, Mr. Pritam Choudhury, Ms. Priti Banerjee, Mr. Abhisek Addhya.

JUDGMENT :

Chitta Ranjan Dash, J.

1. Judgement passed by Hon’ble Single Judge on 14.01.2022 in WPA 10713 of 2021 is brought under challenge in this appeal by respondents Oil Company.

2. A compendium of facts relevant for disposal of this appeal runs as follows :-

    (a) Following due procedure under the brochure and guidelines agreement for LPG distributorship in favour of the respondent no.1 (writ petitioner) was executed between the competent authority of the present appellants and the respondent no. 1 on 29.01.1990.

(b) The respondent no. 1 allegedly entered into a partnership agreement with the private respondent no. 3 (Swati Rai) on 09.11.2016 whereby and whereunder the present respondent no.1 (writ petitioner) agreed to change the constitution of the proprietorship to a partnership by inducting present respondent no. 3 (Swati Rai) as his partner and by agreeing to retire from the partnership altogether after five years upon handing over the entire distributorship to respondent no. 3 (Swati Rai). On 9.11.2016 itself, present respondent no.1 (writ petitioner) also executed a power of attorney in favour of respondent no. 3 (Swati Rai) giving her, inter alia, the right to work, manage, c

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