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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJEEV KUMAR, SANJAY DHAR
Gupta Filling Station, Sungal Morh – Appellant
Versus
Union of India through Ministry of Petroleum through its Secretary – Respondent
JUDGMENT :
Sanjeev Kumar, J.
IA No.2/2018
1. This is an application by one S. Manjit Singh S/o S. Swaran Singh R/o Ward No.6 Jourian District Jammu for arraying him as party respondent or party intervener.
2. Mr. K.S.Johal, learned senior counsel appearing for the applicant submits that because of the reason that the applicant has vital interest in the outcome of the appeal arising out of an order passed in OWP No.82/2016, the applicant is entitled to hearing in the matter. He submits that he was permitted to appear and argue the matter as intervener by the Writ Court, as is apparent from an interim order dated 22nd March, 2017 passed in OWP No.82/2016. It is the further plea of the applicant that after termination of the dealership agreement entered into by the Hindustan Petroleum Corporation Limited with the wife of the appellant, the applicant was appointed as dealer to run the petrol pump by the name of M/s Gupta Filling Station, Sungal Morh, Akhnoor.
3. The application is opposed by the appellant. It is submitted that the dispute raised in the appeal as also the dispute which has been adjudicated by the Writ Court is between the appellant and the HPCL with which the applicant has n
A party not privy to a contract lacks standing to challenge its termination, and violations of dealership agreement terms justify termination.
Termination of dealership without adhering to procedural guidelines and principles of natural justice is unlawful.
The court emphasized the importance of providing accurate and complete information in the application for dealership agreements, and upheld the contractual grounds for termination based on the incorr....
The court emphasized that termination of business agreements requires adherence to principles of natural justice, including the right to a personal hearing, and that mere allegations without substant....
The main legal point established in the judgment is the application of the policy decision dated 21.12.2006 in the appointment of a dealer for the petrol pump. The court's decision emphasized the val....
The court emphasized that termination of a dealership must follow due process and that Writ jurisdiction can be invoked when fundamental rights are at stake, despite the existence of alternative reme....
The court upheld the validity of clause (3) of the dealership agreement, which allowed either party to terminate the agreement by giving three months notice in writing. The court emphasized that the ....
Termination of a dealership agreement is justified if the dealer misrepresents employment status, violating agreement terms that prohibit concurrent employment.
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