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2000 Supreme(Guj) 962

RAVI R.TRIPATHI
ASSOCIATED PETROLEUM CORPORATION – Appellant
Versus
INDIAN OIL CORPORATION LIMITED – Respondent


Advocates Appeared: ARUN H.MEHTA, G.N.SHAH

RAVI R. TRIPATHI, J.

( 1 ) THE present petition is filed by as many as 10 petitioners, whose case is that they are the proprietors and/ or partnership concerns carrying on business in the name and style mentioned in the cause title of the petition. It is further the case of the petitioners that they are appointed as retail outlet dealers of the respondent for marketing its products. The controversy is in a very narrow compass. It is the case of the petitioners that under the policy of the respondents, the dealers who are not paying towards draft charges/ cheque collection charges, an amount of Rs. 18. 00 per KL from the rates of commission on MS and and an amount of Rs. 8. 00 per KL from the rates of commission on HSD shall be deducted on an uniform basis irrespective of the sale volume.

( 2 ) THE grievance of the petitioners is that respondent corporation has reimbursed the aforesaid commission of Rs. 18. 00 per KL to those who have made payment by Bank Draft, but have refused to those who have made payment by Bankers Cheque. It is specifically contended in para 11 of the petition that the petitioners who made payment through Bankers Cheque had also to incur an expenditure to avail








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