BIPLAB KUMAR SHARMA
Rajeeb Bhattacharjee – Appellant
Versus
Numaligarh Refinery Ltd. – Respondent
Biplab Kumar Sharma, J.
1. By means of this writ petition, the petitioner seeks enforcement of the particular Clause in the agreement that was executed between the petitioner and the respondent No. 3 and to that extent the challenge made in the writ petition is the Annexure-F letter dated 28th February, 2015. By Annexure-B, Deed of Agreement executed on 20th May, 2010 between the petitioner and the respondent No. 3, the particular Pharmacy was allowed to be run by the petitioner within the stipulated terms and conditions laid down therein. Clasue-11 of the said agreement provides as follows:-
"11. On the execution of this agreement and the first party duly perform all the terms and conditions in this agreement contained on his part to be performed and observed and shall in manner aforesaid. For termination of this contract a mutually agreed upon three (3) months notice in advance from eitherside will be necessary. The VK-NRL authority will facilitate the exit of the out going party and induction of the new party by guiding the new party to take over the stock/infrastructure of the out going party and timely clearance of all pending bills."
2. There is no dispute that the afo
Indian Oil Corporation Limited Vs. Amritsar Gas Service & Ors. reported in (1991) 1 SCC 533.
Amarjeet Singh & Ors. Vs. Devi Ratan & Ors. reported in (2010) 1 SCC 417.
M/s. New Bihar Biri Leaves Company & Ors. Vs. State of Bihar & Ors. reported in (1981) 1 SCC 537.
State of U.P. Vs. Bridge & Roof Company (India) Ltd. reported in (1996) 6 SCC 22.
Barelli Development Authority Vs. Ajai Pal Singh reported in (1989) 2 SCC 116.
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