RAJEEB BHATTACHARJEE Vs. NUMALIGARH REFINERY LTD. AND ORS.

JUDGEMENT

(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:-

(2.) There is no dispute that the aforesaid agreement was terminated with effect from 1st January, 2015 vide notice dated 1st October, 2014 and the said termination notice is not under challenge in this proceeding. Pursuant to such termination of the agreement, the petitioner was asked to vacate the Pharmacy premises to the hospital authority being run by the respondent No. 3 within 3 (three) days of receipt of the said notice. In the notice, it was specifically stated that inspire or termination of the agreement with effect from 1st January, 2015, the petitioner has been un-authorizedly and illegally occupying the Pharmacy premises of the hospital.

(3.) Referring to the above quoted Clause-11 of the agreement that was executed by and between the petitioner and the respondent No. 3, it is the case of the petitioner that before issuance of the impugned notice dated 28th February, 2015, the respondents ought to have complied with the later part of the Clause by way of facilitating the exit of the petitioner and induction of the new party and also clearing the pending bills.