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2015 Supreme(Jhk) 1232

SHREE CHANDRASHEKHAR
Suresh Kumar Patwari – Appellant
Versus
Bharat Petroleum Corporation Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ajit Kumar, Mr. Saket Upadhyay, Mr. Syed Ramiz Zafar
For the Respondents: Mr. Mrinal Kanti Roy

ORDER :

The petitioner, a proprietorship firm was allotted dealership for a retail petroleum outlet at Dumka. A Dispensing Pump and Selling Licence Agreement was executed on 10.10.2013 for sale and supply of petroleum products for 15 years. The petitioner is aggrieved by order dated 23.02.2015 whereby, the agreement dated 10.10.2013 has been terminated with immediate effect.

2. The brief facts of the case are summarized thus,

An inspection was carried on 09.07.2014 at petitioner’s outlet by Quality Control Cell Team when it was found that density register was not updated for MS and HSD since 25.06.2014 and the stock register/DSR was not updated since 20.06.2014. Accordingly, the QCC Team tested the density of petroleum product with reference to last invoice of the product. The QCC Team found variation in density in MS sample much beyond permissible limits. In MS stock and HSD stock, abnormal stock variation was detected and accordingly, samples were drawn for clinical tests. When the QCC Inspection Team asked to handover Tank Lorry (TL) samples of the last and second last load of MS and HSD, it was informed that TL samples for MS are not available and TL sample of HSD was available on


















































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