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T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Monmohan Dutta – Appellant
Versus
Bharat Petroleum Corporation Ltd. – Respondent
JUDGMENT :
(Hiranmay Bhattacharyya, J.) :
1. This appeal is at the instance of the writ petitioners and is directed against an order dated 18.05.2023 passed by a learned Single Judge in WPA 23196 of 2022.
2. Facts giving rise to the instant appeal in a nut shell are as follows.
3. The 9th respondent in this appeal was appointed as LPG distributor in the name and style of M/s. Buroma Gas Service and an agreement was executed by and between the Bharat Petroleum Corporation Limited (for short “BPCL”) and the 9th respondent on 23.02.1989. Thereafter, on 05.06.1992 the partnership deed was executed by and between the appellants herein and the 9th respondent and in the said partnership business the appellants had 24% share each in the partnership business and the 9th respondent had 52% share. BPCL accorded approval to the said partnership deed and a distributorship agreement was executed on 05.06.1992 by and between BPCL on one hand and the appellants and 9th respondent on the other hand. The dealership agreement was renewed from time to time and lastly the same was renewed for a period of 5 years commencing from 05.06.2017. The appellants claim that a supplementary deed of partnership was e
The rejection of a partnership reconstitution application based on penalty demands is arbitrary and contrary to the Indian Partnership Act and applicable guidelines.
The court established that termination of a distributorship must adhere to due process and contractual obligations, emphasizing the need for prior consent in partnership arrangements.
The court emphasized that termination of business agreements requires adherence to principles of natural justice, including the right to a personal hearing, and that mere allegations without substant....
The court's decision emphasized the importance of complying with the terms of the agreement and the reconstitution guidelines, highlighting the significance of producing necessary documents for partn....
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