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2016 Supreme(Mad) 2430

M.VENUGOPAL
A. Adhavan – Appellant
Versus
Territory Manager, Bharat Petroleum Corporation Limited, Pasumalai – Respondent


Advocates Appeared:
For the Appellant : Mrs. Chamundi Bose
For the Respondent:Mr. S.Natesh Raaja, Mr. S.Chandrasekar Govt. Advocate

ORDER :

Heard both sides.

2. Counter of the first respondent is filed. No counter of the second respondent is filed.

3. According to the petitioner, he is the dealer of Bharat Petroleum and a partner to M/s. Lakshmi Agencies. As a matter of fact, the original partners of M/s.Lakshmi Agencies are one Sivalingam and one Sankaralingam. It appears that the reconstitution of Dealership of M/s.Lakshmi Agencies, CC 156292 was made with effect from 01.07.2016.

Indeed, the petitioner was inducted as a partner with 33% share. He was made as a partner, as per agreement dated 30.03.2007 owing to financial crises of the existing partners. The stand of the petitioner is that earlier to his inclusion in the Agency, there were some transactions with one Mr.Jegan and old partners Mr.Shankaralingam and Mr.Sivalingam, based on bonafide interest in operating the station and having no knowledge of the feud between the parties, the petitioner had entered into the said dealership.

4. The version projected on the side of the petitioner is that based on the agreement, the petitioner loaded 8kl MS (petrol) and 4kl HSD (Diesel) to the total value of Rs.7,18,748.00/- on 05.07.2016. The first respondent/Corporation








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