JUDGMENT :

PARTHA SARATHI SEN, J.

1. In these two intra Court appeals the order dated 10.04.2017 as passed in WP 23810(W) of 2007 by the Hon’ble Single Bench has been assailed. Since both the appeals have been preferred against a common judgement and since the facts and laws involved in these two appeals are identical, we propose to dispose of these two appeals by a common judgement.

2. Before the Hon’ble Single Bench the aforementioned writ petition was filed challenging the notice of termination dated 25.08.2006 as issued by the Indian Oil Corporation Ltd.(hereinafter referred to as the ‘Oil Company’, in short) in favour of Madhusudan Majilya being the proprietor of M/S Tarkeswar Gas Service (the respondent in FMA 1108/2008 and the appellant in MAT 1372/2017)(hereinafter referred to as ‘the Distributor’) whereby and whereunder the said Oil Company terminated the distributorship agreement dated 14.03.1989 as entered by and between them and at the same time also terminated the appointment of the said distributor with immediate effect.

3. The Hon’ble Single Bench while disposing the writ petition by the impugned order expressed the view that the Oil Company had waived their right of ter