Disposed

M/s Maa Bindhyavasani Fuels Bharat Petroleum v. Bharat Petroleum Corporation Ltd. and Ors.

Patna HC22 Feb 2013CWJC/2305/2013

Case brief

AI extract

What is this about?

Order disposing of a writ petition challenging the termination of a dealership agreement. The Court directs the petitioner to file an internal appeal within two weeks to an officer above the rank of Executive Director and prohibits coercive steps until the appeal is disposed.

What did the court decide?

Petitioner directed to file appeal within two weeks to an officer above Executive Director; coercive steps stayed until disposal of appeal.

M/s Maa Bindhyavasani Fuels Bharat Petroleum… — Contract and Commercial Disputes | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2305 of 2013

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====================================================== 1. M/S Maa Bindhyavasani Fuels Bharat Petroleum Dealer Nh-31 Mirganj, Begusarai Through Its Proprietor Muktinath Son Of Late Ram Chandra Singh Lohiya Nagar, P.O. Suhird Nagar, Police Station And District Begusarai - 851101

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.... .... Petitioner/s Versus 1. Bharat Petroleum Corporation Limited Through Its Chairman CumManaging Director, Bharat Bhawan, Kasim Sah Currimbhoy Road Belard East, P.V. No. 688, Mumbai - 400001

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Deputy General Manager, Eastern Regional Office, Bharat Bhawan, Gold Green, Prince Gulam Mohammad Shah Road, Kolkata 3. Executive Director (E.D.), Eastern Regional Office, Bharat Bhawan, Gold Green, Prince Gulam Mohammad Shah Road, Kolkata - 700095 4. Senior Regional Manager Bharat Petroleum Corporation Ashiana Chamber, Exhibition Road, Patna

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Territory Manager (Retail), Bharat Petroleum Corporation Barauni Territory N.H. 31, P.O. Papraur, District Begusarai, 851114

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.... .... Respondent/s

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====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER

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2 22-02-2013 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is ultimately aggrieved on account of the termination of Outlet Dealership Agreement by order dated 1.2.2013 passed by the Territorry Manager (Retail), Barauni Territory (respondent No.5) on the basis of report and alleged inspection carried out earlier which at that stage led to the suspension/stoppage of sale of products by order dated 18.11.2011.

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It is pointed out that the termination order had been passed during the pendency of the writ application and thereafter immediately a letter dated 5.2.2013 has been issued purporting to

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Patna High Court CWJC No.2305 of 2013 (2) dt.22-02-2013

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take inventory and remove the goods.

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Learned counsels for the parties submit that there is provision for appeal within 30 days of the order of termination which has been provided as a right under the Marketing Discipline Guidelines and such appeal is required to be disposed of within 90 days from the date of filing of the appeal. It is further provided that the authority to hear the appeal shall be a person not below the rank of the Executive Director.

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Learned counsel for the petitioner submits that the so called inspection was, in fact, headed by respondent No.3, Executive Director. Therefore, the appeal may be heard by an officer senior to him.

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In the aforesaid facts and circumstances, the writ application is disposed of with the direction that if the petitioner files an appeal in terms of the Guidelines within a period of two weeks from today then the same shall be considered by an officer above the rank of the Executive Director in accordance with law and disposed of within the period provided in the Guidelines.

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It is further directed that until the disposal of the appeal, no coercive steps shall be taken against the petitioner.

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(Ramesh Kumar Datta, J)

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V.P.Sinha/-

M/s Maa Bindhyavasani Fuels Bharat Petroleum v. Bharat Petroleum Corporation Ltd. and Ors.

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M/s Maa Bindhyavasani Fuels Bharat Petroleum v. Bharat Petroleum Corporation Ltd. and Ors.

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