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2016 Supreme(Cal) 315

SUBRATA TALUKDAR
Gateway Transport Com. Pvt. Ltd. – Appellant
Versus
Indian Oil Corporation Ltd. – Respondent


Advocates Appeared:
For the Petitioners: Mr. Bikash Ranjan Bhattacharya, Mr. Ram Anand Agarwal, Ms. Nibedita Pal
For the Respondent: Mr. M. S. Yadav

JUDGMENT :

Subrata Talukdar, J.

1. In this writ petition the writ petitioner no.1, who operates a petroleum retail outlet under the respondents-Indian Oil Corporation Limited (for short IOCL) is represented by its Directors being the writ petitioner nos. 2, 3 and 4 who challenge the order of termination of the retail outlet (for short RO) dated 20th September, 2012 in turn upheld by the Appellate Authority (for short AA) of the IOCL vide order dated 5th of June, 2013.

2. At the heart of the dispute is the failure on the part of the RO to emerge successful in the sample testing of extra premium (XP) petrol drawn from the RO by the Field Officer of IOCL during an inspection on 30th November, 2011.

3. At the inspection on 30th November, 2011 both High Speed Diesel (for short HSD) and XP were drawn. While the HSD sample conformed to the normative specification, in respect of the XP sample which was tested, the original failed to meet the specification of Full Boiling Point (for short FBP) as well as the level of existing gum. Accordingly, supplies of all products to the RO were suspended vide communication dated 15th December, 2011.

4. The suspension of supplies was followed by a show cause




































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