M.Y.EQBAL
Suneet Services – Appellant
Versus
Bharat Petroleum Corporation Ltd. – Respondent
M.Y. Eqbal, J.
1. Petitioner M/s. Suneet Services proprietor of firm is a dealer of petroleum products of M/s. Bharat Petroleum Corporation Limited. By Agreement dated 20.2.1995 firm was granted a licence to deal in petroleum products for a period of 15 years.
2. It is contended by the petitioner that on 16.9.2002, the representative of the respondent company came to the premises of the petitioner and took samples for checking. Sample of tank No. 2 filled up with Motor Spirit was also tested. Vide letter dated 19.10.2002 written by the concerned respondent, petitioner was supplied with a copy of the inspection report stating therein that the samples found in tank No. 2 failed to meet the specification. Petitioner was called upon the explain reasons for failure of samples. Petitioner submitted its explanation, thereafter; impugned order was issued suspending sales and supply of all products for 30 days from the retail outlet of the petitioner. Besides that a fine of Rs. 20,000/- was also imposed and over and above petitioner was directed to remove underground tank and sent it to Haldia at the cost of the petitioner.
3. Mr. M.M. Banerjee, learned counsel for the petitioner submi
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