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1991 Supreme(Guj) 336

A.N.DIVECHA
CHHAGANLAL LAVJIBHAI KALARIA – Appellant
Versus
CHAIRMAN and MANAGING DIRECTOR BHARAT PETROLEUM CORPORATION – Respondent


Advocates Appeared: C.A.Pandit, D.PANDEY, M.J.THAKUR, P.K.JANIKIRAN

A. N. DIVECHA, J.

( 1 ) THE Original Plaintiff of Civil Suit No. 9110 of 1983 decided on 1/10/1984 has preferred this Appeal against the judgment and the decree passed by the learned City Civil Judge of Court No. 6 at Ahmedabad. Thereby the learned Trial Judge dismissed the present appellants suit.

( 2 ) THE facts giving rise to this Appeal may be summarised thus: The appellant entered into an Agreement on 1 4/05/1981 for dealing in petroleum products supplied by Bharat Petroleum Corporation Ltd. (the Corporation for convenience) at the retail outlet situated at Boriavi Taluka Nadiad District Kheda (the petrol pump for convenience ). The Agreement for Dealership executed between the parties on 14/05/1981 is at Exh. 25 on the record of the Trial Court. Thereunder the present appellant was given a licence to deal in petroleum products at the petrol pump supplied by the Corporation. Under Clause 10 (s) thereof he agreed not to change the constitution of the licensees firm nor to dissolve the partnership nor to admit new members as partners nor to allow any partner to withdraw from the partnership without obtaining the previous consent in writing of the Corporation. Clause 12 thereof em






































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