SMT. RINA MADHUKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This intra-court appeal arises out of order dated 23.04.2010, passed in C.W.J.C. No. 2147 of 2007, by which learned Single Judge has dismissed the writ petition holding that the petitioner-appellant had entered into a reconstitution of the partnership deed without prior written consent of the India Oil Corporation Ltd. (hereinafter referred to as the Corporation) and was thus in breach of Clause 47(iii) of the Petrol/HSD Pump Dealer Agreement entered into between the appellant and two other partners with the Corporation.

(2.) Heard learned counsel for the appellant and Mr. Kali Das Chatterji, learned Senior Counsel appearing on behalf of the Corporation.

(3.) The facts of the case are not in dispute. The petitioner was one of the applicants for allotment of a retail outlet of products of the Corporation, pursuant to an advertisement made in newspaper "Hindustan" on 22.02.2004. Petitioner came to be selected and a letter of intent was issued in her favour, but, subsequently, the respondent - Corporation decided to cancel/withdraw the letter of intent dated 09.04.2007 issued in favour of the appellant. The ground for such cancellation/withdrawal was that the appellant was already one of the partners in an earlier dealership operating in the name of M/s. Chanda Automobiles Service Station located at Muzaffarpur. The dealership came into existence in the year 1997. An agreement was entered into between the respondent Corporation and the appellant and two other partners on 28.01.1997. There was also a partnership agreement entered into by the appellant along with two other partners on 20.09.1996 wherein Clause 9 stated that any change in the constitution of their partnership shall be with prior written approval of the Corporation and without such written prior consent no change would be effected. However, the appellant stated that in the year 2002. she decided to severe all ties with the erstwhile firm and withdrew from the partnership. She applied in response to the advertisement issued by the Corporation in the year 2004. She was selected, letter of intent was issued but she received yet another communication stating therein that the same stands cancelled/withdrawn as the appellant had committed breach of relationship clause 47(iii) of the Agreement entered into between the partners and the Corporation dated 28.01.1997. Clause 47(iii), which has been reproduced by the learned Single Judge, is again reproduced herein below for ready reference :