[Civil Appeal No. 4595 of 2014 arising out of Special Leave Petition (Civil) No.482 of 2014]. This appeal is preferred against the judgment dated 30.5.2013 of the Division Bench of the High Court of Judicature at Allahabad in Writ Petition (Civil) No.59450 of 2012. Respondent No.1 therein viz. M/s Bharat Petroleum Corporation Limited is the appellant herein. Briefly the facts leading to the filing of the writ petition are as follows: Respondent No.1 herein, partnership firm was constituted on 26.6.1973 consisting of four partners with the following profit sharing ratio: (1) Subhash Chandra 1%; (2) Brijrani 33%;(3) Ramesh Kumar Tandon 33% and(4) Roop Rani Tandon 33%. A licence agreement was executed on 12.8.1975 between the said firm and the then M/s Burmah Shell Oil Storage & Distribution Company of India Ltd. to run a retail outlet and the business was carried on. Subsequently another agreement was entered between all the four partners on 3.5.1984 under which the partner nos.1 and 2 referred to above demanded 100 litres of petrol per month, to which the partner nos. 3 and 4 agreed and partner nos. 1 and 2 further agreed that with effect from the said date the business of the petrol pump in the name of firm will be run by partner nos. 3 and 4 and partner nos. 1 and 2 shall have no right, share or interest in the running of the business and also in the assets or the liabilities of the firm.
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