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2007 Supreme(Kar) 238

S.ABDUL NAZEER
UNITY SERVICE STATION – Appellant
Versus
INDIAN OIL CORPORATION LTD. , BANGALORE – Respondent


( 1 ) THE petitioner has entered into petrol/hsd pump dealer agreement (for short 'agreement') with the 1st respondent corporation as per Annexure-A on 13-9-2004 for establishment of retail outlet for sale of motor Spirit/high Speed Diesel. It is the case of the respondent that the petitioner has committed certain irregularities while selling the ms/hsd in its outlet. A show-cause notice was issued to the petitioner as per Annexure-E dated 22-12-2005 calling upon him as to why the agreement should not be terminated. The petitioner has sent detailed reply on 22-12- 2005 as per Annexure-G. One more show- cause notice as per Annexure-J dated 7-4-2006 was issued to the petitioner and the petitioner has sent a reply as per Annexure-E. Considering the reply filed by the petitioner, respondent has passed an order as per Annexure-M dated 1-6-2006 terminating the agreement. The operative portion of the order is as under :

"on careful analysis and detailed consideration of all the aspects of the matter, we find that the explanation submitted by you is not factually correct or convincing. The dealership firm M/s. Unity Service Station, No. 5, vatal Nagaraj Road (Rajajinagar Road), rajajinagar















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