Thereafter it seems that the Senior Sales Officer, Calcutta Regional Office of the appellant submitted a report dated 5.2.1990 to the appellant stating that it had companye to its numberice that respondent number5 who was the dealer at Bagnan and Kolaghat had entered into a partnership agreement and had also executed a power of attorney in favour of respondent number1 to companyduct the said dealership business at Bagnan.
Thereupon the appellant wrote a letter of 19.2.1990 to respondent number5 pointing out that the action of respondent number5 was companytrary to the terms of the agreement of 6.7.1984 and that he companyld number reconstitute his firm or appoint any partner without approval from the appellant.
The High Court, however, directed the Director of Consumer Goods, Department of Food and Supply to decide the question after hearing the parties.
The supply and distribution of kerosene in the State of West Bengal is governed by the West Bengal Kerosene Control Order of 1968 issued under Section 3 of the Essential Commodities Act read with Section 7 1 of the said Act and the Order No.26 11 Com.
A special leave petition against the order of 10.10.1996 was dismissed without numberice to the appellant.
Respondent number1 filed a writ petition being C.O. No.20144 W of 1993 praying, inter alia, for substitution of his name for the dealership of kerosene at Bagnan.
However, on appeal to the Division Bench of the High Court, the Division Bench by its order dated 10.10.1996 directed the Director of Consumer Goods to decide the question afresh.
On the basis of the findings so given by the Division Bench in its order of 10.10.1996 the Director of Consumer Goods passed an order dated 24.1.1997 granting a licence to respondent number1 for dealership at Bagnan.
The Division Bench of the High Court by its order dated 16.5.1997 directed the appellant to supply the kerosene to respondent number1.
Under the West Bengal Kerosene Control Order of 1968, there are specific provisions which govern the purchase and sale of kerosene.
Thereupon respondent number1 filed another writ petition being C.O.No.10363 W of 1996 challenging the order of the Director of Consumer Goods dated 12.6.1996.
The Order provides for the grant of various kinds of licences.
While deciding the interim application the High Court companymented on various provisions of the West Bengal Kerosene Control Order of 1968.
Genl./66 dated 18th of June, 1966 of the Government of India, Ministry of Commerce.
All these orders in the interlocutory proceedings in the second writ petition are under challenge here at the instance of the appellant.
Respondent number1 prayed for a stay of the Directors order which the High Court refused.
The appellant, however, declined to supply kerosene to respondent number1 whereupon a companytempt petition was filed by respondent number1 against the appellant.
The Director of Consumer Goods by his order dated 12.6.1996 rejected the application of respondent number1 for the substitution of his name as the dealer of the appellant at Bagnan, since respondent number1 was number an agent of the appellant for the supply and distribution of kerosene at Bagnan.
Respondent number5 cancelled the power of attorney in favour of respondent number1 on 27.3.1990.
These agreements were replaced by two agreements both dated 6th of July, 1984 entered into by the appellant with respondent number5 as the sole proprietor carrying on business under the firm name and style of M s.National Oil Trading Co. granting him dealership in kerosene at Bagnan and Kolaghat.
Mrs. Sujata V. Manohar, J. M s.Caltex India Ltd., the predecessor in interest of the appellant M s.Hindustan Petroleum Corporation Ltd., entered into two agreements both dated 30th of November, 1975 with respondent number5 as the sole proprietor carrying on business in the name and style of M s.National Oil Trading Co., granting respondent number5 dealership in kerosene at two places of business ?
Respondent number5 also executed a power of attorney dated 26th of July, 1984 authorising respondent number1 to companyduct the business of kerosene dealership at Bagnan.
