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2022 Supreme(Raj) 1819

SANDEEP MEHTA, KULDEEP MATHUR
Hindustan Petroleum Corporation Ltd. – Appellant
Versus
Kanta Garasiya – Respondent


Advocates appeared:
Mr. Manoj Bhandari, Senior Advocate, assisted by Mr. Govind Suthar, Advocate., for the Appellant
Mr. Siddharth Joshi,Advocate., for the Respondent

JUDGMENT

Sandeep Mehta J. - The instant intra court appeal has been preferred by the appellant Hindustan Petroleum Corporation Ltd. being aggrieved of the order dated 21.02.2022 passed by the learned Single Bench accepting S.B. Civil Writ Petition No.10115/2019 and restraining the appellants from terminating the retail petrol and diesel outlet dealership allotted to the writ petitioner (respondent in this appeal) by the appellant Corporation.

2. Brief facts relevant and essential for disposal of the appeal are noted hereinbelow :-

3. The respondent writ petitioner was awarded dealership of Hindustan Petroleum Corporation Ltd. for retail petrol and diesel outlet vide dealership agreement dated 31.12.2007 and was operating the same in the name and style of Akshay Automobile at location Navania, Udaipur.

4. An inspection was conducted by the company officers at the outlet of the respondent writ petitioner on 27.06.2017, during the course whereof, it was found that six out of eight nozzles were releasing lesser quantity of fuel in the range of 30 ml to 60 ml in both Motor Spirit (MS) and High Speed Diesel (HSD). The inspection team prepared a report and forwarded the dispensing unit to the

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