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2021 Supreme(HP) 598

AJAY MOHAN GOEL
Mohinder Nath S/O Late Ram Krishan – Appellant
Versus
Indian Oil Corporation Limited Trrough Its Senior Divisional Retial Sales Manager – Respondent


Advocate Appeared
For the Appellant :MR. Shrawan Dogra, M/S Ajay Sipahiya & Harsh Kalta, Advocates
For the Respondent:MR. K.D. Sood, Het Ram Thakur AND Sanya Kaushal, MR. B.C. Negi, MR. Nitin Thakur, Advocate

ORDER :

1. By way of this writ petition, the petitioner has prayed for the following substantive reliefs:-

    “(i) For issuing any appropriate writ, order or directions for directing respondent No. 1 to continue making supply of patrol and petroleum products in petitioner’s name to the retail out let set up in 2005 by the petitioner on NH 22 at Dharampur on Shimla-Kalka road, which was allotted to petitioner vide annexure P-1 dated 16.1.2002.

(ii) For directing the respondent No. 1 to continue supplying petrol and petroleum products to the retail outlet of the petitioner as hereto before notwithstanding any dispute between petitioner and respondent No. 2 which is liable to be settled and can be settled or adjudicated upon in separate proceedings.

(iii) For issuing directing to the respondents to treat the partnership deed executed between petitioner and respondent No. 2 as non existent and to treat the petitioner as sole proprietor of the petrol retail outlet on NH-22 at Dharampur on Shimla-Kalka road.”

2. The case of the petitioner is that the he had raised a Petrol Pump on his owned and possessed land pursuant to his selection by respondent No. 1 as a dealer at Dharampur. The outlet is

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