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2024 Supreme(SC) 500

J. K. MAHESHWARI, SANJAY KAROL
Hindustan Petroleum Corporation Limited – Appellant
Versus
Dharamnath Singh – Respondent


Advocates appeared:
For the Petitioner(s): Mr. N. Venkataraman, A.S.G. Mr. Sanjay Kapur, AOR Mr. Surya Prakash, Adv. Mr. Devesh Dubey, Adv. Ms. Divya Singh Pundir, Adv. Ms. Mahima Kapur, Adv. Mr. Arjun Bhatia, Adv. Ms. Isha Virmani, Adv. Mrs. Shubhra Kapur, Adv.
For the Respondent(s): Mr. Rajat Joseph, AOR Mr. Chanchal Kumar Ganguli, AOR Mr. Kaushal Yadav, AOR Mr. Dipak Kumar Jena, AOR Mr. Prasanna Kumar Parhi, Adv. Mr. Vinod Kumar, Adv. Mr. R.k. Poswal, Adv. Mr. Pradeep Kumar Verma, Adv. Ms. Ranjita Dhal, Adv. Ms. Sandhya Mishra, Adv. Mr. Sunil Kumar Mund, Adv. Mr. Raj Shekhar Jena, Adv. Mr. Abhijit Sengupta, AOR

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


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