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K. R. SHRIRAM, JITENDRA JAIN
Autopet – Appellant
Versus
Bharat Petroleum Corporation Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Haresh Jagtiania, Yashpal Jain, Renuka Negi, Jaydeep Thakkar.
For the Respondent: S.R. Page.

JUDGMENT :

K.R. SHRIRAM, J.

1. Since pleadings are completed and petition has been lodged on 2nd August 2017, with the consent of the parties, we dispose the petition at this stage. Rule made returnable forthwith.

2. Petitioners seek to quash and set aside an order of termination passed by Respondents, whereby the dealership of Petitioners in respect of petroleum and CNG retail outlet situated at Khira Compound, S.V. Road, Santacruz (West), Mumbai-400054 was terminated (the Outlet). It is Petitioners’ case that the order was passed without jurisdiction, arbitrarily and without fulfillment of mandatory pre-conditions as stated in the Marketing Discipline Guidelines, 2012 (Guidelines).

3. Petitioners had initially filed a Writ Petition bearing Writ Petition No. 3107 of 2015 in this Court for quashing the show cause notice dated 20th August 2015. When the matter was circulated, Respondents requested for one week adjournment and, thereafter, during pendency of the said petition, the order of termination was passed. Petitioners withdrew the petition with liberty to file fresh petition against the termination order. Therefore, this is the second round for Petitioners.

4. Petitioners were appo

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