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2025 Supreme(Cal) 1014

IN THE HIGH COURT AT CALCUTTA
T.S.SIVAGNANAM, HIRANMAY BHATTACHARYYA
Indian Oil Corporation Limited – Appellant
Versus
Saumajit Roy Chowdhury – Respondent


Advocates Appearance:
For the Appellant : Mr. Pushpendu Chakraborty, Adv. Mr. Amadipta Sengupta, Adv.
For the Respondent: Mr. Pingal Bhatacharyya, Adv. Mr. Rajdeep Sinha, Adv.

Judgment :

T.S. Sivagnanam, CJ.

1. This intra court appeal by the Indian Oil Corporation Limited hereinafter referred to as the IOCL is directed against the order dated 07.08.2023 in WPA No. 7674 of 2023. The said writ petition was filed by the respondent herein for issuance of a writ of mandamus to rescind/cancel the order of termination dated 24.02.2023 issued by the fourth appellant as well as the show cause notice which was issued earlier dated 25.11.2022 issued by the sixth appellant and to prohibit the appellant from giving effect to the order of termination.

2. The learned Single Bench allowed the writ petition and set aside the show cause notice dated 25.11.2022 and the order of termination dated 24.02.2023 and directed the appellant to resume supply of Motor Spirit (MS) and High Speed Diesel (HSD) and other petroleum products if any to the writ petitioner’s retail outlet namely M/s. Krit Filling Station within a time frame. Aggrieved and being dissatisfied with the said order IOCL have preferred the present appeal.

3. We have elaborately heard the learned advocates for the parties and carefully perused the materials placed on record.

4. The following facts would be germane to d

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