G.S.SINGHVI, V.GOPALA GOWDA
Sushila Kumar – Appellant
Versus
Indian Oil Corporation Ltd. – Respondent
JUDGMENT :
1. Leave granted. The Appellant is the widow of Major General B.N. Kumar, who was killed in war with Pakistan. She applied for allotment of LPG distributorship on compassionate ground. Respondent No. 1 - Indian Oil Corporation Ltd. accepted her application and vide letter dated 27.11.1989/20.3.1990 she was offered the dealership at Noida. However, the distributorship agreement was executed only on 7.7.1994.
2. The Appellant successfully operated the dealership from 1994 to 2001 without any cause of complaint from any consumer. After seven years, she was served with show cause notice dated 27.4.2001 proposing to take action on the ground of violation of the terms of agreement. It was alleged that during the inspections carried out by the field staff, the Appellant was rarely available at the showroom. The Appellant filed detailed reply dated 2.5.2001 and denied the allegation. The Chief Area Manager (Marketing Division) took cognizance of the Appellant's assertion that she was signing the documents on day to day basis and supervising the dealership and issued letter dated 5.6.2001, paragraph 2 of which reads as under:
Keeping in view the above, the Corporation has decided to
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