SANJAY KUMAR Vs. INDO BURMA PETROLEUM COMPANY LTD

JUDGEMENT

(1.) BY this Letters Patent Appeal under Clause 10 of the Letters Patent the challenge is against the judgment, dated 5.1.2006, in CWJC No. 6732 of 2005, whereby, the challenge against the order, dated 11.5.2005, whereby, the dealership agreement granted to the petitioner (appellant herein) to run a Retail Outlet of Indo -Burma Petroleum Company at Dudhaila Sonepur, District Saran came to be terminated, was dismissed by the learned Single Judge.

(2.) THE only question which emerges for our consideration and adjudication in this Letters Patent Appeal has been as to whether the termination of dealership of Retail Petroleum Outlet by order, dated 11.5.2005, (Annexure 8) could be said to be Illegal or contrary to the terms of the dealership agreement? With a view to appreciating the sole question, which requires our consideration, following facts may be highlighted, which are no longer in controversy: - (1) The appellant -original writ petitioner was granted Retail Petroleum Outlet by the respondent Petroleum Company w.e.f. 26.5.1988 (Annexure 1). (2) The appellant -original writ petitioner has contended that he started his business in the name and style as M/s Shivem Auto Station. (3) The officers of the respondentPetroleum Company exchanged correspondence. (4) The official of the respondent Petroleum Company then visited the business premises of the original writ petitioner with a view to conduct an inspection which was earlier not allowed by the original writ petitioner or by his representatives. (5) The documents, which were called for by letters, were not all supplied by the original writ petitioner.

(3.) IT is, also, very clear and apparent from the record that the respondentPetroleum Company wanted to verify as to whether the original licensee (original writ petitioner) was running the business in his own name or not? It means there was a doubt in the mind of the officials that the petitioner was running a benami business after obtaining licence.