RAJA KAKATI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) HEARD Mr. K.N. Choudhury, learned senior counsel appearing for the petitioner assisted by Mr. N. Bharali, Advocate. Also heard Mr. H. Rahman, learned senior counsel representing respondent HPCL, assisted by Ms. Y. Saija, Advocate. Mr. K.C. Roy, learned counsel represents the Union of India.

(2.) MATTER pertains to the Dealership Agreement dated 19.11.1997 and termination thereof in respect of the retail outlet of petroleum products, named and styled as M/s. Bani Service Station located at Barpeta, Assam. The genesis of the case relates to the explanation called for from the petitioner vide Letter dated 28.07.2006 issued under the hand of the Senior Regional Manager, Hindustan Petroleum Corporation Limited (herein after alluded as HPCL). By the said Letter dated 28.07.2006 and in view of the allegations levelled therein, the petitioner was asked to give suitable explanation. Reply was submitted by the petitioner on 09.08.2006 which, however, was not found satisfactory and eventually by Order dated 16.10.2006 the Dealership Agreement dated 19.11.1997 was terminated in terms of Clause 8, 9, 55(A), 55(I) and 55(K) of the Dealership Agreement.

(3.) THE order passed in WP(C) 6085/2006 was carried in appeal, being WA 271/2007, by HPCL Ltd. The Division Bench of this Court did not find any ground to interfere with the order of the learned Single Judge but at the same time granted liberty to HPCL Ltd. to pass a fresh order after giving due opportunity to the writ petitioner of being heard in the matter. The said liberty granted was valid for a period of 2 months from the date of the Judgment and Order dated 03.04.2013 passed in Writ Appeal 271/2007. A rider was also put that if within the said 2 months, as stipulated, no fresh order is passed, the order of the learned Single Judge would become enforceable.