J. K. MAHESHWARI, SANJAY KAROL
Hindustan Petroleum Corporation Limited – Appellant
Versus
Dharamnath Singh – Respondent
2. These appeals by special leave impugn judgment and order dated 05th May 2015, passed in FMA 653 with 654 of 2012 which upheld the order of the Learned Single Judge in W.P.No.22993(W) of 2007 whereby the action of the instant appellant(s) in terminating the license of the instant respondent, was quashed and set aside.
Background facts
3. A brief review of facts is necessary to adjudicate the present controversy.
3.1 The respondent was appointed a dealer for petrol/diesel/motor oil/grease and other such products of the appellant(s) by way Dealership Agreement,1[‘Agreement’] dated 1st February 1997.
3.2 On 18th August 2007, certain officials of one SGS India,2[‘Agency’] claiming to be an agency appointed by the appellant(s) arrived at the respondent’s petrol pump and took samples of High Speed Diesel (HSD) and Motor Spirit (MS).
3.3 The appellant issued show cause notice against the respondent dated 20th August, 2007, wherein the respondent was asked to submit a response to the alleged irregularities within a period of 7 days.
3.4 On the basis of the Preliminary Test Report, the Senior Sales Officer, Durgapur Sales Area informed the respondent of the suspension of supply with immediate e
Allied Motors Limited v. Bharat Petroleum Corporation Ltd, (2012) 2 SCC 1 [Para 5
Indian Oil Corporation Ltd. v. R.M. Service Centre
Harbanslal Sahnia v. Indian Oil Corporation Ltd., (2003) 2 SCC 107 [Para 7
Hindustan Petroleum Corporation & Ors. v. Super Highway Services & Anr., (2010) 3 SCC 321 [Para 7
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