SANANDA BANERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant is directed to file requisite number of paper books in the concerned department within four weeks after reopening of the Court after summer vacation.

(2.) Liberty to mention for enlistment of the appeal for hearing before the appropriate bench after the appeal is made ready for hearing. Re: CAN 5395 of 2016 Having regard to the fact that the Bharat Petroleum Corporation Limited while executing Bharatgas (Liquefied Petroleum Gas) Distributorship (Domestic and Commercial) Agreement with the appellant on 1st June, 2004 reserved its right, without reference to or consent of the distributor, to appoint one or more additional distributors in the same territory referred to in Clause 1(a) above i.e. within the place of operation of the appellant and such additional distributor or distributors shall be entitled to make sales of Bharatgas in the same territory without any objection from the distributor and the distributor shall not be entitled to claim any overriding remuneration, commission or allowance for the purpose this Court is of the prima facie view that at the time of appointment of additional distributor within the place of the operation of the appellant, the appellant distributor cannot object to the appointment of additional distributor within the zone of operation of the appellant, particularly, when such decision was taken by the authority concerned to appoint additional distributor in the locality concerned on the basis of the population in the concerned locality and the existing requirement for supply of LPG gas cylinder in the said locality.

(3.) However, since it is pointed out to us by Mr. Bandyopadhyay, learned senior counsel appearing for the appellant that the selection of location for appointment of distributor has not been done by the Industry LPG team in terms of the guidelines for selection of regular LPG distributorship applicable to all locations advertised/readvertised after 1st October, 2010, this Court passes an interim order to this extent that pending disposal of the appeal, if any additional appointment is given to any other distributor in the concerned locality; such distributor/distributors may carry on their respective businesses within their respective zone of operation without de -linking the existing customers of the writ petitioner/appellant.