2007 (3) ALT 742
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD RAMESH RANGANATHAN, J.
S. Suresh-Appellant
v.
Mis .Indian Oil Corporation Limited, rep. by General Manager (Marketing Operations) and another-Respondent
Writ Petition NO.18572 of 1994
Decided on 05-01-2007.
Advocates appeared
Mr. V. Ravinder Rao, Counsel for the Petitioner.
Mr. R. Raghunandan, Counsel for the Respondent..
Constitution of India - Article 226 - Retail Outlet agreement - consequential direction - Seeking a declaration that the order of the first respondent in proceedings terminating the Retail Outlet agreement with the petitioner, is illegal and arbitrary and for a consequential direction to have the order set aside, the present Writ Petition is filed - petitioner was appointed as a dealer of the first respondent-Corporation, for running a Retail Outlet for High Speed Diesel (HSD), under the name and style of Service Station -Retail Outlet was established pursuant to the permission granted by the respondent Corporation in its letter - impugned order refers to the inspection of the retail outlet. Inspection report in turn, refers to the earlier) inspection reports - In the Inspection report it is stated that the stock particulars were within permissible limits, the density test and the fuel was O.K, that the H.S.D. Pump was showing slow delivery, that the hosepipe needed to be replaced, that the tube lights of the pump were not functioning, that the retail outlet was mismanaged, the dealer was absent and disinterested in business and that he should report to the Divisional office for discussion - Petitioner would contend that it is for the Corporation to change the pump and the hosepipe whenever necessary and to maintain proper illumination at the Retail Outlet, and it is not his responsibility to do so. According to the petitioner the observations in the report, that the Retail Outlet was mismanaged, that the dealer was absconding and was disinterested in the business, were baseless, not substantiated, did not reflect the true state of affairs and were made with the ulterior motive of depriving the petitioner of his business - fact that Clause 58(m) of the dealership agreement confers power on the respondents to terminate the agreement is not in dispute - question is as to the justification or otherwise of invocation of such a power. As has been noted above, the dealership agreement between the petitioner and the respondents is not a statutory contract - power exercised under Clause 58(m) to terminate the dealership agreement is not traceable to any statutory provision nor is it in the nature of a quasi judicial power - Learned Counsel for the respondent-Corporation, has referred to and placed reliance on, if accepted as true, would show that the petitioner had indulged in sale of lubricants purchased from outside and not from the Corporation. The allegation that cooking was carried on and a stove had been lit in the retail outlet, despite the absence of fire buckets and file extinguishers, if accepted as true, would mean that the very existence of the retail outlet was itself a major fire hazard - allegations, referred to in the letters addressed by the respondents to the petitioner, have been referred to not for the purpose of adjudication but only to note that these allegations and counter allegations involve determination/adjudication of disputed questions of fact for which evidence, both oral and documentary, may be required to be taken. This is not a case in which this court should exercise its discretion, under Article 226 of the Constitution of India, to interfere. It is left open to the petitioner, if he so chooses, to avail the remedy of approaching the arbitral tribunal as provided for in the dealership agreement, or the civil court of competent jurisdiction, for adjudication of these disputed questions of fact and, in case the petitioner chooses to avail any of these remedies, the arbitral Tribunal/Court shall adjudicate the dispute in accordance with law uninfluenced by any observations made in this order - Writ petition is dismissed
Seeking a declaration that the order of the first respondent in proceedings No.R.SCD.132 dated 21-09-1994, terminating the Retail Outlet agreement with the petitioner, is illegal and arbitrary and for a consequential direction to have the order set aside, the present Writ Petition is filed.
2. The petitioner was appointed as a dealer of the first respondent-Corporation, for running a Retail Outlet for High Speed Diesel (HSD), under the name and style of Sree Rama Service Station at Autonagar, Ranga Reddy District. This Retail Outlet was established pursuant to the permission granted by the respondent Corporation in its letter dated 16-03-1979.
3. The impugned order dated 21-09-1994 refers to the inspection of the retail outlet on 28-12-1991. The Inspection report dated 28-12-1991, in turn, refers to the earlier) inspection reports dated 28-09-1991 and 24-08-1991. In the Inspection report dated 24-08-1991 it is stated that the stock particulars were within permissible limits, the density test and the fuel was O.K, that the H.S.D. Pump was showing slow delivery, that the hosepipe needed to be replaced, that the tube lights of the pump were not functioning, that the retail outlet was mismanaged, the dealer was absent and disinterested in business and that he should report to the Divisional office for discussion. Petitioner would contend that it is for the Corporation to change the pump and the hosepipe whenever necessary and to maintain proper illumination at the Retail Outlet, and it is not his responsibility to do so. According to the petitioner the observations in the report, that the Retail Outlet was mismanaged, that the dealer was absconding and was disinterested in the business, were baseless, not substantiated, did not reflect the true state of affairs and were made with the ulterior motive of depriving the petitioner of his business.
4. Subsequent thereto another inspection was held on 28-09-1991, wherein also the second respondent found the stock particulars to be within limits and the density to be O.K. Petitioner would submit that. though the Corporation had not changed the hosepipe which, in the inspection held on 24-8-1991, was found to be defective, the second respondent in his report dated 28-09-1991 had observed that the equipment was functioning normally, and that the very same officer had submitted two contradictory reports within a span of a month. The second respondent, in his report dated 28-09-1991, observed that the Retail Outlet was neglected, the Dealer was absconding and was disinterested in business, that the pump pedestal had to be reconstructed and that the pump tube lights had to be repaired. According to the petitioner these works were required to be carried out by the Corporation and it was only to cover up their lapses that the respondents had made unfounded and motivated allegations against him.
5. A third inspection was held and, in his report dated 28-12-1991, the 2nd respondent observed that there was an excess of 348 liters on a sale of 1,55,349 liters, which was beyond permissible limits. Petitioner e\would submit that in the earlier report dated 28-09-1991, while the variation of minus (-) 176 liters on sales of 48,061 litres was found to be within permissible limits, curiously in the inspection report of 28-12-1991, excess stock of plus (+) 348 liters on sales of 1,55,349 litres was held to be beyond permissible limits. According to the petitioner, these findings were contrary to the norms prescribed in G.S.R.811 (e) dated 27-12-1990 issued under the Essential Commodities Act, 1955 and the allegations, in the reports, were made with an ulterior motive and with a vindictive attitude. Petitioner would allege that on 28-12-1991, while the petrol tank was empty and a sample was taken by squeezing petrol from the tank, the density was however not recorded and that such extraction of the sample was in contravention of the norms prescribed in G.S.R.811(e) dated 27-12-1990. Petitioner would cont
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.