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2001 Supreme(P&H) 99

N.K.SUD
Ex. Flt. Lt. Virinder Singh – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. Amar Vivek, Advocate.
For the Respondent Nos. 2 and 3:Mr. S.C. Kapoor, Sr. Advocate with Mr. Ashish Kapoor, Advocate.

JUDGMENT

N.K. Sud, J. - The petitioner in the present writ petition is aggrieved by the order dated 2.8.2000 passed by the Indian Oil Corporation (for short the Corporation), the respondent No. 2, terminating the LPG distributorship held by him in the name of Ambala Gas Service under the terms of an agreement dated 1.4.76 with immediate effect. Before adverting to the various objections raised by the petitioner, it is necessary to notice the relevant facts.

2. Ambala Gas Service was originally a partnership firm consisting of two partners namely petitioner and one K.K. Mehra. It had entered into an agreement with the Corporation on 1.4.1976 for the LPG distributorship in its favour on the terms and conditions contained therein. The said K.K. Mehra is stated to have retired from the partnership vide an oral dissolution in the year 1986-87 and since then the LPG distributorship was being run by the petitioner as the sole proprietor of Ambala Gas Service.

3. A notice dated 21.3.2000 was issued to the petitioner requiring him to show cause as to why the distributorship be not terminated as clauses 23(b) and 23(c) of the agreement dated 1.4.1976 had been violated by him. Clause 23(b) req





























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