MANINDRA MOHAN SHRIVASTAVA
SAI BABA FUELS – Appellant
Versus
HINDUSTAN PETROLEUM CORPORATION LTD. – Respondent
1. This petition under Article 226 of the Constitution of India has been preferred by the petitioner assailing correctness and validity of the order dated 18th June, 2011 (Annexure P-1), by which the Petrol/Diesel Dealership . Agreement has been terminated.
2. The factual matrix relevant for decision making of this petition is that the petitioner had entered into agreement of dealership with the respondent Corporation on 16.12.2004. During the course of subsistence of agreement, it is alleged that on 8.2.2011, a surprise inspection was carried out by the officer of the respondent-Corporation and variation in the stock was found. A notice was issued to the petitioner calling for its explanation. It was followed by another notice in which it was stated that even the sample taken from the petitioner's stock, upon testing, failed. The petitioner submitted its reply. But, the proceedings eventually culminated in termination of dealership agreement by impugned order, giving rise to this petition.
3. Assailing correctness and validity of the action of the respondents, learned counsel for the petitioner argued that inspection dated 8.2.2011 was carried out in the absence of the petitio
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