M S VENKATESH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein, who has appeared as party-inperson, has sought for setting aside the order passed by respondent No.1 - Special Secretary, Ministry of Petroleum and Natural Gas, dated 21/03/2013 (Annexure-O), concerning termination of dealership agreement signed with the petitioner. Petitioner has also sought a direction to respondent No.1 to handover the dealership to him, in respect of M/s. Bharath Petroleum Corporation Limited retail outlet on the leasehold land situated at Mandya District.

(2.) This writ petition has a checkered history, having completed several rounds of litigation before this Court, the Hon'ble Supreme Court as well as the City Civil Court at Bengaluru. Nevertheless, this Court has given a careful consideration to the contentions raised by both parties.

(3.) The genesis of the dispute between the parties started in the year 2001, when the dealership agreement with the petitioner was terminated by M/s. Bharath Petroleum Corporation Limited ('BPCL' for short). Petitioner herein was the license holder for running a retail outlet petrol bunk in Mandya District, on obtaining dealership agreement from the then Burmah Shell, now Bharath Petroleum Corporation Limited (BPCL). In fact, the dealership agreement was previously with father of the petitioner, M.S. Srinivasamurthy since 06/08/1945. After the demise of M.S. Srinivasamurthy, on 07/06/1984, petitioner continued the retail outlet and the retail outlet dealership was reconstituted and signed by the petitioner on 07/10/1993 for a period of fifteen years till 06/10/2008. However, on 28/05/2001, the Territory Manager of BPCL terminated the license of the petitioner for alleged lapses and breach of covenants of the dealership agreement by the petitioner on 28/05/2001, after issuing show-cause notice to him on 09/05/2001.