BHARAT PETROLEUM CORPORATION LIMITED Vs. MEGHAL R THAKKAR , PROPRIETOR OF SHREE VASUDEV TRANSPORT AND ORS

JUDGEMENT

(1.) WE have heard Mr. P.C Kavina, learned Senior Counsel appearing with Mr. Bijal Chhatrapati & Mr. A.M. Hawa, learned advocates for Bharat Petroleum Corporation Ltd. - original respondent no. 2, Mr. Mihir Thakore, learned Senior Counsel appearing with Mr. Jal Soli Unwala, learned advocate for Shree Vasudev Transport - original petitioner, Mr. I.H. Saiyed, learned advocate appearing for Union of India.

(2.) LETTERS Patent Appeal No. 473 of 2010 has been filed by Bharat Petroleum Corporation Ltd. - original respondent no. 2 (hereinafter referred to as 'the Corporation') whereas Letters Patent Appeal No. 474 of 2010 has been filed by Mr. Meghal Thakkar, Proprietor of Shree Vasudev Transport original petitioner (hereinafter referred to as 'the original petitioner'). These intra -court Letters Patent Appeals under Clause 15 of the Letters Patent have been filed assailing the judgement and order dated 03/04.02.2010 passed by the learned Single Judge in Special Civil Application No. 9548 of 2009 whereby the learned Single Judge allowed the writ petition and directed the Corporation to reconsider the matter and take appropriate decision in light of the observations made therein above and in accordance with law within a period of four weeks from the receipt of the order passed in the writ petition.

(3.) THE original petitioner had preferred writ petition before the learned Single Judge challenging the order dated 04.09.2009 in connection with the show cause notices dated 01.08.2006, 07.12.2006 and 24.05.2007 pursuant to which the Corporation terminated the licence agreement with immediate effect and further restrained the original petitioner from entering upon or making any attempt to enter the retail outlet.