ANIL K.SEN, J. - (1.) This is an appeal under clause 15 of the Letters Patent and it arises out of a writ proceeding which was registered as C.O. 4119(W) of 1985. The order impugned is one dated October 10,1985, disposing of the writ petitioner. The appellants before us are the Hindusthan Petroleum Corporation Limited and its authorities. A short point which arises for our consideration in this appeal is as to whether a licensee under the appellants is entitled to enforce any relief in respect of a breach of an agreement in a writ application. The undisputed facts may be set out very briefly.
(2.) The sole respondent Shyam Sundar Ganeriwala entered into an agreement dated May 2, 1978, with the appellant Hindusthan Petroleum Corporation and in terms of the said agreement obtained a licence to operate a petrol and diesel pumping station at 11/1, Diamond Harbour Road, belonging to the said Corporation. The agreement prescribed various mutual rights and obligations including a right to terminate the agreement without any notice in the event of any act or default on the part of the licensee in respect of maintaining the products free from contamination or where such act or default is considered to be prejudicial to the interest and good name of the Corporation.
(3.) On November, 10, 1984, the Chief Regional Manager and the Senior Sales Officer of the Corporation conducted a surprise check at the pumping station and reported the following discrepancies :- 1) Stock variations - There was an excess stock of 701 liters of petrol (Sale 55.3 kilo liters) and 1263 litres of high speed diesel (sale 319.1 kilo litres) 2) Pump delivery - Both petrol and high speed diesel dispensing units were delivering short. The short delivery in petrol was 300 mili litres in 5 litres of high speed diesel. 3) The petrol sample taken from the outlet of the licensee does not meet the standard specification.;