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2012 Supreme(Del) 2996

A.K.SIKRI, RAJIV SAHAI ENDLAW
Indian Oil Corporation Ltd. – Appellant
Versus
Bharat Filling Station – Respondent


Mr. Rajeeve Mehra, ASG with Mr. Rajat Navet, Mr. Kunal Kahol, Mr. Madhusudan, Advocates for Appellant.
Mr. N.S. Mathur, Adv. for R-1, 2.

JUDGMENT :

Rajiv Sahai Endlaw, J.

1. This intra-court appeal impugns the judgment dated 06.07.2012 of the learned Single Judge allowing W.P.(C) No.9432-33/2005 preferred by the respondents No.1&2, by quashing and setting aside the order dated 14.07.2003 of the appellant of termination of dealership of the respondents No.1&2. The appellant has accordingly been directed to restore the dealership of the respondent No.2 Sq. Leader K.D. Mehra (Retd.) under the name and style of the respondent No.1, on the Delhi Palam Road, Opposite APS Colony, New Delhi. This appeal came up before us first on 30.07.2012, when files in FIR No.239/2001 registered with Police Station Delhi Cantt. under Sections 420/120B IPC in the case titled State Vs. Bharat Filling Station decided on 01.08.2009 as well as the file of W.Ps.(C) No.3916/2001 and 9432-33/2005 and of LPA No.299/2003 were requisitioned. The appeal was admitted for hearing and with the consent of the parties heard finally.

2. The respondent No.2 was on 11.07.1977 allotted the retail outlet aforesaid for the sale of petroleum and petroleum products on preferential basis in the category of ex-servicemen who have suffered disabilities while in action































































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