(1) IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R : S.B. Civil Writ Petition No.9749/2008. (Jai Ganpati Enterprises Vs. Union of India & Others) DATE OF ORDER : December 05, 2008 P R E S E N T Hon'ble Mr. Justice Gopal Krishan Vyas _______________________________ Mr. Rajesh Shah for the petitioner. BY THE COURT : In this petition, the petitioner has prayed for the following reliefs : “(i) by an appropriate writ, order of direction, the proceedings initiated in inviting the tender for Transportation of Bulk Petroleum Products by Road Ex-Udaipur vide Annexure-1 may kindly be quashed and set aside and be cancelled. (ii) by an appropriate writ, order or direction, the respondent Hindustan Petroleum Corporation may kindly be directed to allow the petitioner to act and followed the contract under the agreement executed on 1.7.2006 till the 30.6.2009. (2) (iii) by an appropriate writ, order or direction the respondents be directed to reframe the terms and conditions of the tender while modifying/eliminating the conditions which are arbitrary, discriminatory, against the principles of natural justice, unconstitutional or inconsistent to prevalent law. (iv) by an appropriate writ, order or directions, the respondents be directed to consider the representation submitted the petitioner.” I have heard learned counsel for the petitioner. Upon perusal of the entire pleadings, it is revealed that an agreement was executed by the petitioner with the respondent company on 01.07.2006 in pursuance of letter of indent issued on 08.06.2006 by the Hindustan Petroleum Corporation Ltd. The transportation rights of the petitioner were finalized after negotiation and, thereafter, letter of indent was issued on 08.06.2006 whereby contract for bulk petroleum products' transportation Ex-Udaipur depot was awarded in favour of the petitioner. As per the petitioner, the term of agreement is enumerated in para 15 of the agreement which reads as under : “This Agreement would be valid for period of two years from the effective date as given in the LOI/Work Order with option at the sole discretion of Company to extend the same up to one year on same terms and conditions. However, Company reserves the right to terminate this Agreement by giving two months advance notice without being liable to give any reason or pay any compensation. (3) (a) If the carried, its' proprietor or any partner is adjudicated insolvent or become bankrupt or goes into liquidation whether voluntary or otherwise. (b) If attachment in execution of a decree is passed against the Carrier, its proprietor or any of its' partners. (c) If road permits or statutory licenses/permissions granted to Carrier/it's Tank Trucks by transport or any statutory authorities is cancelled or revoked. (d) If any of the information submitted by the Carrier in the render is found incorrect at any time. (e) Breach of any of the terms or conditions of this Agreement by the Carrier. (f) If the Carrier commits or suffers to be committed any act which in the opinion of the Company whose decision shall be final, is prejudicial to the good name/image of the Company or its' products or its services. (g) If the Carrier causes disruption in transportation of bulk petroleum products. The decision of Company will be final and binding on the Carrier. (h) On the death or retirement of proprietor or any of the partners of the Carrier firm. However, in case, Company does not exercise this option, the Agreement shall continue as between the Company and surviving/continuing partners of the Carrier. The legal representatives of the deceased partner or the retiring partner himself shall be liable for all the obligation of the carrier incurred up to the date of death or retirement but shall not be entitled to claim from the company any portion of Security Deposit. Company shall account for Security Deposit to the surviving or continuing partners. The death or (4) retirement of any partners shall be notifed by the Carriers to the Company in writing within 24 hours of such death or retirement.” From perusal of the above condition 15, it is obvious that the valid period for the agreement commenced from the effective date as given in the letter of indent which is admittedly issued on 08.06.2006. Further, it is provided that there is discretion left to the company to extend the same up to one year on the same terms and conditions. The right is reserved with the company to terminate the agreement by giving two months' advance notice without being liable to pay compensation. In this view of the matter, obviously the petitioner's contention is well founded that agreement was valid up to two years' from the effective date which is 01.07.2006, the day on which the agreement was executed and further there is discretion left to the company for extending the term period up to one year. In this case, two years' period has already elapsed and now vide Annex.-5 the term has been extended upto 31.12.2008. Meaning thereby, if the petitioner is claiming extension further up to one year till 01.07.2009, then, it is required to approach the respondent company and to request the said company for grant of extension. Therefore, the petitioner may file representation for (5) extension of time and for other grievances with regard to fresh terms and conditions while narrating the above reasons and upon filing of the representation before the respondent company authority the same shall be decided by the respondent company within 15 days from the date of filing the representation, after providing opportunity of hearing to the petitioner. With aforesaid direction/observation, the writ petition is disposed of. (Gopal Krishan Vyas) J. Ojha, a.