A.K.Banerjee, J. - (1.) Indian Oil Corporation Limited the appellant above named is one of the oil companies empowered to deal with kerosene oil. Under the kerosene control order the oil companies are to appoint agents for distribution of kerosene oil on their behalf. In turn the agents are to distribute kerosene to the dealers and in turn dealers to the various retailers. The dealers and/or retailers are appointed by the State whereas agents are appointed by the oil companies.
(2.) The respondent is a partnership firm carrying on business dealing with kerosene oil in the District of 24 Parganas (South) as well as Kolkata. The said firm was initially a proprietorship concern. On September 26, 1966 the said proprietorship concern M/s. Jharna Sarkar was appointed agent by the appellant for dealing with kerosene oil on behalf of the said oil on behalf of the said oil company. In terms of the said agreement appearing at page 115 to 117 of the Paper Book the said proprietorship concern was granted agency in respect of ?Dhakshin Para, Barisha in the town of Kolkata?. The proprietorship concern was subsequently converted into a partnership firm and fresh agreement was entered into by the parties on February 28, 1994 appearing at pages 122-129 wherein the area mentioned was as follows:- ?Behala/Barisha P.S. Behala/P.S. Thakurpukur in the District of 24 Parganas (South) West Bengal?.
(3.) Subsequently in the year 2000 four separate agreements were entered into by and between the parties on February 14, 2000 appearing at pages 138 to 145. In one of such agreements the area was described as Behala in the District of 24 Parganas (South). The other three agreements related to other three spots. However, the Barisha was not mentioned in any of the four agreements.;