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2023 Supreme(Cal) 523

JAY SENGUPTA
Tarun Kumar Halder – Appellant
Versus
Bharat Petroleum Corporation Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Amlan Jyoti Sengupta, Mr. Manabendra Thakur, Mr. Soumen Mandal
For the Respondent: Mr. S.K. Mal, Mr. B. Das, Mr. S. Das

JUDGMENT :

Jay Sengupta, J.

1. The writ petitioner has challenged the order dated 28.10.2022 passed by the Appellate Committee which was constituted by the respondent authority in terms of the solemn order passed by a Division Bench of this Court in MAT No. 1188 of 2013. A review application was also purportedly filed by the writ petitioner/appellant before the Appellate Committee, but the same was not disposed of.

2. Learned counsel appearing on behalf of the petition submitted as follows. On 02.11.1998 an agreement was executed by and between Bharat Petroleum Co. Ltd. (BPCL for short) and Sankar Filling Centre (an unregistered firm) represented by its partners for running a petrol pump at 73D, Narkeldanga, Main Road, Kolkata – 700 054. There was no allegation about adulteration of petrol or diesel of the said petrol pump till 03.12.2007. Since before independence, the petitioner’s father was running a petrol pump under the then Burma Shell at Jessore, now in Bangladesh. After independence, the petitioner’s father, since deceased, was running petrol pump at the present site. As such, there is a reputation in their business. On 03.12.2007 a person of the SGS India Pvt. Ltd. claiming t

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