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2006 Supreme(Del) 1276

KAILASH GAMBHIR, VIJENDER JAIN
INDIAN OIL CORPN. LTD. – Appellant
Versus
DHARAM CHAND GUPTA – Respondent


Advocates Appeared:
CHETAN SHARMA, DEBASISH MITRA, SUNIL GOEL


VIJENDER JAIN, ACJ.

( 1 ) AGGRIEVED by the order passed by the learned Single judge, the appellant has filed the present appeal. Mr. Chetan Sharma, learned counsel appearing for the appellant has contended that it is well settled that in contractual sphere where the action was taken in accordance with provisions of the mutually agreed stipulations, the Court in exercise of its jurisdiction under Article 226 of the Constitution of India should not interdict it with the action. It was contented before us that the learned Single Judge has not followed the dictum laid by the Supreme Court in M/s. Radhakrishnaagarwalv. State of Bihar, AIR 1977 sc 1496. It was also contended that in terms of Stockist Agreement between the parties and in terms of Clause 1. 3 of the said agreement three months notice in writing was given to the respondent and the clause itself has inbuilt mechanism of principles of natural justice. Clause 1. 3 of the Agreement is referred below:"termination of Agreement 1. 3 The agreement can be terminated by either party without assigning any reason and without liability to pay any compensation upon giving the other party three months notice in writing and upon expiry of
































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