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2016 Supreme(Guj) 2107

ANANT S.DAVE, A.Y.KOGJE
Bharat Petroleum Corporation Limited – Appellant
Versus
Induben Laxmanbhai Dudakhiya Proprietor of M/s. Utsav – Respondent


Advocates Appeared:
For the Appellants :Ld. Sr. Advocate Mr. Percy Kavina, for Ld. Advocate, Mr. Poonam Mathur, for Singhi & Co., Advocate.
For the Respondent:G.G. Kotak, Advocate, Mr. Hasit Dilip Dave, Advocate.

JUDGMENT :

A.Y. KOGJE, J.

1. This appeal is preferred by Bharat Petroleum Corporation Limited (hereafter referred to as “the Corporation” for short) and its territorial manager against the oral judgment dated 10.05.2013 passed in Special Civil Application No.7619 of 2011.

2. By the impugned judgment, the Single Judge has allowed the petition filed by the respondent and quashed the order dated 20.08.2010 (Annexure-G), which pertains to the termination of agreement of dealership of the respondent (Original Petitioner).

3. Brief facts are that the respondent was selected by the corporation for allotment of the dealership at Harij which was reserved for the category of women of Scheduled Caste.

On being selected, the respondent made necessary arrangements for developing infrastructure to facilitate the running of dealership at her own cost. The dealership agreement came to be executed between the corporation and the respondent on 15.03.2008 and thereafter, supplementary agreement which was for the period of 15 years was also executed. On 22.07.2009, the officer of the Quality Control Cell of the corporation checked and inspected petrol pump. During inspection, they found the stock to be pro
































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