SANJIB BANERJEE,J. - (1.) The petitioner operated under IBP Co. Ltd. prior to such company being taken over by the Indian Oil Corporation Ltd. . In September, 2008 the petitioner was allowed to operate a retail outlet of the respondent corporation in Kolaghat. A formal agreement was executed some time in the year 2009 which permitted the petitioner to run the outlet for a year. Notwithstanding the expiry of the agreement by efflux of time, the petitioner has continued to operate the retail outlet in Kolaghat. There was a previous notice of termination issued by the respondent on September 2, 2010 but following the petitioner's representation thereafter, the Corporation did not take any steps in pursuance of the notice of termination. A recent notice of termination dated December 28, 2011 has been issued to the petitioner.
(2.) The petitioner says that such notice had been received on or about January 2, 2012 and two days thereafter a meeting was held between the representatives of parties operating two outlets of the respondent in the area and representatives of the respondent corporation. The petitioner says that the signatory to the notice of termination of December 28, 2011 was present in course of the meeting held on January 4, 2012.
(3.) In the minutes of the meeting held on January 4, 2012, the sales programme at the retail outlets for the next quarter was discussed. The petitioner suggests that implicit in the minutes is the respondent's withdrawal of the notice of termination of December 28, 2011 issued to the petitioner. The petitioner says that notwithstanding what is evident from the minutes, the respondent's men and agents purported to dispossess the petitioner from the retail outlet. The petitioner says that substantial stocks purchased by the petitioner remain at the petitioner's retail outlet and there is also a security deposit of Rs. 5 lakh with the respondent, which the respondent is obliged to refund at the time of termination of the agreement between the parties.;