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IN THE HIGH COURT AT CALCUTTA
SMITA DAS DE
Begampur Indane Gramin Vitrak – Appellant
Versus
Indian Oil Corporation Limited – Respondent
| Table of Content |
|---|
| 1. background and factual history of lpg distributorship reconstitution. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. parties' arguments regarding contract execution and procedural validity. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 3. scope of judicial review and administrative discretion regarding policy. (Para 30 , 31 , 32 , 33 , 34) |
| 4. final order and disposal of the writ petition. (Para 35 , 36) |
Judgment :
Smita Das De, J.
1. The petitioners seek a writ of certiorari to quash the speaking order dated 21.01.2026 passed by the competent authority being the respondent no. 4 herein. The impugned order confirms the revocation of approval for the reconstitution of the partnership firm in respect of the petitioners’ distributorship, primarily on the ground of failure to execute the formal distributorship agreement.
2. The petitioners in the instant case prays inter alia, for the following reliefs:
“a) Declaration declaring Clause 3.17.12 of Guideline of May 202 of Indian Oil corporation Limited, being contrary to and dehors the 1932 Act, be declared null and void;
b) A writ of and/or in the nature of Mandamus Comman
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....
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