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2002 Supreme(Jhk) 1213

SUDHANSU JYOTI MUKHOPADHAYA
Hirak Point, Dealer And Bharat Petroleum Corp. Ltd. – Appellant
Versus
Bharat Petroleum Corp. Ltd. – Respondent


ORDER

1. The petitioner a petroleum dealer has challenged the order dated 9th November, 2002 passed by the Territory Manager (Retail) Dhanbad whereby and whereunder he has been pleased to suspend the sales and supply of all products to the petitioners retail outlet for a period of 30 days and further levied fine of Rs. 20.000/-.

2. According to petitioner the respondents themselves supplied sub-standard materials and there was no adulteration made by petitioner in the petroleum products.

3. On the other hand, according to the respondents certain items having been found below the required standard in the petitioners tank the impugned order of suspension was issued and fine was levied.

4. It appears that the respondents initially issued a show- cause notice on 31st October, 2002 which reads as follows :

"By HAND DELIVERY

DHN/HIRAK POINT M/s. HIRAK POINT

DEALER-M/S BHARAT PETROLEUM CORP. LTD., DHAIYA, DHANBAD

Dear Sir,

your Dealership Affairs : Failure of MS Sample--We refer to the MS samples drawn from the underground tank of your outlet by our Sales Officer, Dhanbad, on 16.9.2002. While the samples of HSD/LUBS have passed, the sample of MS drawn from the underground tank has been tested (con













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