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BPCL was “harassing” petrol pump dealer since 1991 terming it “highly fortunate” how Bharat Petroleum Corporation Ltd, a Public Sector Undertaking, has been harassing a petrol pump dealer and her legal heirs since year 1991 by not honoring the dealership agreement and extending litigation against them, the Delhi High Court has slapped a cost of Rs 1 lakh on the PSU while asking the Ministry of Petroleum and Natural Gas to bring its notice that such harassment of citizen is not acceptable.
Justice Valmiki Mehta also noted a strong objection to the conduct of BPCL in trying to argue the matter afresh through Additional Solicitor General Aman Lekhi despite the arguments coming to a conclusion in November.
The high court was hearing a regular First Appeal moved by BPCL against the September 11, 2018 judgment of the trial court which had directed it to not to disturb the possession of the respondent/plaintiff of the petrol pump being run in the name of Airport Service Station opposite Nehru Place Bus Terminal while further directing it to reconstitute the petrol pump dealership in favour of legal heirs of respondent’s/plaintiff.
In the instant case, BPCL had originally entered a Dispensing and Pump and Selling License Agreement with Shyam Sunder Gupta. In 1893, a dealership agreement with Shyam Sunder Gupta. In 1893, a dealership agreement was entered with reconstituted partnership firm of Shyam Sunder Gupta, his wife Nirmal Gupta and G.D. Shehgal father of the respondent/ plaintiff,Promila Kishore.
As per the Agreement, on the death or retirement or permanent incapacity of partner of the licencee firm, though BPCL could terminate the Agreement at its option of continuing the DSPL Agreement between the surviving or continuing partners of the licencee firm.
The court ordered that a copy of this judgment be placed before the board of directors of the appellant/defendant no1 are unnecessarily harassing common citizens of this country for no valid reasons, whatsoever. A copy of this judgment also is sent by the Registry of this Court to the concerned Secretary in the Ministry of petroleum and Natural gas, so that the said ministry can take proper note and bring to the notice of the appellant/defendant no1 that harassment of the citizens of this country unacceptable”.
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