IN THE HIGH COURT AT CALCUTTA
T.S.SIVAGNANAM, HIRANMAY BHATTACHARYYA
Indian Oil Corporation Limited – Appellant
Versus
Saumajit Roy Chowdhury – Respondent
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
Termination of dealership without adhering to procedural guidelines and principles of natural justice is unlawful.
The court upheld the legality of dealership termination based on confirmed tampering evidence, affirming procedural fairness and adherence to natural justice principles, invalidating the petitioner's....
Termination of dealership - Action of termination against critical irregularities has to be approved by Regional Head/State Head/Zonal Head of the Oil Company (General Manager and above) and in respe....
The Court held that the authorities' decision to terminate the dealership agreement was not arbitrary or unreasonable and that the petitioner had an alternative remedy available through a pending civ....
The judgment established that administrative decisions based on misreading of documents, ignorance of evidence, and without recording reasons are arbitrary and violative of principles of natural just....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.