1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3250 OF 2008 Dr. Sanjay Shantaram Sangle. ...... ..... Petitioner. Versus Bharat Petroleum Corporation Ltd.& Anr....... ..... Respondents. Mr. P. B. Shah for the petitioner. None for the Respondents. CORAM : BILAL NAZKI and S. S. SHINDE, JJ. DATED : 13TH JUNE, 2008. P.C.: This petition has been filed challenging termination of licence by the respondents vide their order dated 21st February, 2008. It appears that the petitioner was granted licence of dealership, but he did not renew the same for a long time. Show cause notice was issued to him on 15th February, 2007 pointing out the irregularities committed by the petitioner. The irregularities, to which reference was made, were : (1) Retail outlet was completely dry since 21.12.2006. (2) At the time of inspection Dispensing Unit were found locked. Thus the dispensing unit could not be checked. (3) Sale record was not updated after 21.12.2006. (4) The fire extinguishers provided were found to be dry DC. (5) Density record was not updated after 23.12.2006. He was given seven days time to show cause as to why his dealership should 2 not be cancelled. Thereafter, the dealership has been cancelled. 2. Learned Counsel for the petitioner submits that in terms of clause 12 of the Agreement, 90 days notice was necessary before termination could have been ordered, but only 7 days notice was given. Clause 12 of the agreement reads as under: "This licence may be terminated without assigning any reason whatsoever by either party giving to the other not less than ninety days notice in writing to expire at any time of its intention to terminate it and upon the expiration of any such notice this Licence shall stand cancelled and revoked. The requisite period of notice may be reduced or waived by mutual consent.” In our view this clause applies to termination of Licence when Licence is terminated without assigning any reason therefor. Clause 13 of the Agreement applies to the case, where the Licence is terminated after giving reason for violation of terms of agreement. Clause 13 lays down that, notwithstanding anything contained in the agreement the company would be at liberty to terminate the agreement at any time of happening of any of the events enumerated in clause 13. One of the events enumerated is at sub- clause (v) of clause 13, which reads as under: "If the Licensees for any reason other than due to the Company' s default fail to maintain supply to the public through the said facilities for any period exceeding 24 hours.” Sub-clause (vii) of clause 13 reads as under: '' If the Licensees shall be guilty of a breach of any of the 3 covenants and stipulations on their part contained in this agreement.” 3. Clearly there was a breach of sub-clause (v) of Clause 13 of the agreement as the petitioner was not running business for number of days. It is not disputed by the petitioner even in the present writ petition. 4. Therefore, we do not find this is a case calling for any interference by us. Writ Petition is, accordingly, dismissed. Sd/- (BILAL NAZKI, J.) Sd/- (S. S. SHINDE, J.)