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2025 Supreme(SC) 570

SANJAY KAROL, MANMOHAN
General Manager Business Network Planning (Retail) Bharat Petroleum Corporation Limited – Appellant
Versus
P. Soundarya – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Rajeev Mishra, Adv. Mr. Sanand ramakrishnan, Adv. M/S. Axess Legal Corp, AOR
For the Respondent(s): Mr. Anish R. Shah, AOR Mr. Ankit Sahu, Adv.

JUDGMENT :

SANJAY KAROL, J.

Leave granted.

2. This appeal is filed at the instance of Bharat Petroleum Corporation Limited1[Hereinafter “BPCL”] assailing the judgment and order dated 14th December, 2023 passed by the High Court of Judicature at Madras in W.A.No.866 of 2023, which confirmed the judgment and order of the learned Single Judge dated 8th February 2023 in W.P.No.3641 of 2023.

3. The issue before the Courts below pertains to the grant of a retail outlet dealership of BPCL to the respondent, wherein the respondent had apparently, mistakenly shown herself to belong to Group 2 - those who have a “firm offer” for a suitable piece of land, as opposed to Group 1 – those who already possess suitable land. When she attempted to have the same rectified, BPCL took no action and hence, recourse to the law had to be taken.

4. The brief facts required to be noticed in the adjudication of an appeal are that BPCL issued an advertisement for the selection of a retail outlet in November 2018. Annexure P-2 reveals that the group type reflected against the name of the respondent, which was at serial No.4, was Group 2. On realizing the error, the respondent sent clarificatory letters on 12th Febr

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