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2010 Supreme(AP) 822

B.PRAKASH RAO, R.KANTHA RAO
Hindustan Petroleum Corporation Ltd. , Secunderabad – Appellant
Versus
Margadarsi Service Centre, Secunderabad – Respondent


Advocates appeared:
Counsel for the Appellants:Mr. Advocate General & Mr.Thoom Srinivas
Counsel for the Respondent: Mr. J.Prabhaker

JUDGMENT:

(Per Hon'ble Sri Justice R.Kantha Rao,J) This writ appeal is filed by M/s. Hindustan Petroleum Corporation Limited challenging the order passed by the learned single Judge in W.P.No.14490 of 2009 on 22.12.2009.

2. The appellants issued notice dated 05.05.2009 to the respondent to show cause as to why the dealership of a petroleum outlet which was installed in the premises bearing Door No.1-1-5/1, Rashtrapathi Road, Secunderabad shall not be terminated. The grounds on which, the termination of dealership was proposed by the appellants are that: i) the respondent failed to reach the targets which she has covenanted to uplift the minimum quantities of products under Clause 9 of the dealership agreement and rendering the retail outlet dry of MS and HSD on several occasions during the period from January, 2009 to March, 2009 and thereby causing loss of sales and also inconvenience to the general public; ii) that they have received a letter SME/8/2009-10 dated 20.04.2009 from State Bank of India, Secunderabad branch to the effect that the respondent had availed working capital facilities aggregating Rs.2.30 Crores and in addition Rs.0.50 Crores and that the respondent became ir










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