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2017 Supreme(SC) 856

PINAKI CHANDRA GHOSE, ROHINTON FALI NARIMAN
Indian Oil Corporation – Appellant
Versus
Bapuji Fuels – Respondent


Advocates Appeared:
For the Petitioner:Ms. Meenakshi Arora, Senior Advocate, Ms. Sangeeta Mandal, Ms. Swati Sinha, For M/s Fox Mandal & Co., Advocates.
For the Respondent:Mrs. Rajdipa Beheura, Ms. V.S. Lakshmi, Advocates, Mr. A. Venayagam Balan, AOR.

ORDER :

Leave granted.

2. We have heard Ms. Meenakshi Arora, learned Senior counsel appearing for the appellants and the learned counsel appearing for the respondent.

3. The brief facts of the case are as follows:-

A dealership agreement dated 22-12-2004 was executed between the appellants and the respondent - herein by way of which the respondent was appointed as the dealer of the appellants for the retail, sale and supply of Petrol/High Speed Diesel/Motor Oil/Grease and other petroleum products. The Field Officer conducted inspection of the respondent's retail outlet on 19-6-2007 and stock variation was found to be within permissible limits and no other irregularities were also observed. However, on 20-6-2007, the Industry Mobile Lab In-Charge, later joined by the Field Officer, conducted joint investigation on 20-6-2007 and following observations were made:-

(i) An excess stock of 5160 litres in High Speed Diesel was observed;

(ii) Since both the DUs of HSD were inoperative (a) delivery check, (b) market checks and (c) density checks could not be conducted.

(iii) Stock variation, delivery, density and marker checks for other two products XP and XM were found to be in order.

4. On 23-6-2







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