B.P. Banerjee, J. - (1.) This writ application was filed against the order communicated by the Secretary, Regional Transport Authority, Calcutta Region by Memo No. RTA/1521/G dated 4th February 1987 by which the exemption granted under Sec. 42(3)(i)of the Motor Vehicles Act in respect of Vehicles Nos. WMV 1124 and WMV 1125 were recalled on review of/the earlier order. The case of the petitioners in short is that the petitioner no. 1 is a Company incorporated under the Indian Companies Act. 1936 and have been carrying on business inter alia as Regional Wholesale Stockists in Calcutta Region for the products manufactured by the Calcutta Chemical Company Ltd. (hereinafter referred to as 'Calcutta Chemical') having its registered and Head Officer at No. 35, Panditiya Road, Calcutta -29. The petitioner was appointed as Regional Wholesale Stockist by letter dated 6th March 1985 by which the petitioner was to purchase the products on principal -to -principal basis from the Calcutta Chemical at the current trade price list at the time of delivery subject to a discount provided thereon. Under the said agreement the petitioner was to distribute the products in the Region either directly and/or appointing as many wholesale stockists as the petitioners may think fit. It was further provided that for any reasons excepting the reason mentioned in clause 15 of the said agreement, the said appointment of the petitioner as Regional Wholesale Stockists is terminated or ceased to be operative, the petitioner should be entitled to liquidate damages for an amount of Rs. 30 lakhs from the Calcutta Chemical within one month from the date 'of such termination as the case may be.
(2.) By the letter dated 30th August 1985, the term of the petitioner's appointment as Regional Wholesale Stockists was amended whereby the Calcutta Chemical informed the petitioner the following terms : "We shall sell and you will purchase on principal -to -principal basis, either i) at our current fixed net wholesale price at the time of delivery, or ii) at our current trade price at the time of delivery subject to deduction for discount as mentioned below. It is however, agreed that we shall have the option to sell our products to you priciest them in either of the above two manners and that the net wholesale price" shall always be lower than the current trade price as reduced by the discount as mentioned hereinafter."
(3.) Thereafter, the petitioner company applied to the Secretary, Regional Transport Authority, Calcutta for exemption certificate as provided under Sec. 42(3)(i) of the Motor Vehicles Act 1939 and that in respect of the said two vehicles of the petitioner which were granted by the Memo dated 3rd May 1986 which are Annexure 'C' to the petition, thereafter, by the impugned Memo dated 4/2/87, the said exemption which was granted, was sought to be withdrawn by the Regional Transport Authority on the ground that the petitioner's vehicles were not entitled to get the exemption under Sec. 42(2) of the said Act as the petitioners were found to be a distributor some Consumer Articles enjoying discount privileges who is not entitled to get such facilities under the law. On this ground the application filed by the petitioner to grant exemption to two other vehicles were also rejected. It was further stated that the petitioner was acting as an agent or manufacturer or dealer by or on behalf of the petitioner company within the meaning of Sec. 42(2)(a)(b)(c). In the said Memo the petitioner's attention was drawn to the meaning of Private Carrier as defined in Sec. 2(22) of the said Act.;