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2002 Supreme(Mad) 138

PRABHA SRIDEVAN
Swamy Service Station represented by its Partner Mr. S. P. Muthukumaraswamy, Chennai – Appellant
Versus
Bharat Petroleum Corporation Limited, represented by its Managing Director, Mumbai and another – Respondent


Advocates:
M.Venkatachalapathy, Senior Counsel, for D.Rajendran, for Petitioner.
O.R.Sanathanakrishnan, for Respondents.

ORDER: Both the petitioners in the C.R.Ps. are dealers in petroleum products and the respondents is the Corporation which distributes petroleum products. Alleging that the samples taken from the petitioner’s outlets were not in accordance with the standards applicable, the respondents had issued show-cause notices on both the petitioners. The petitioners apprehending that supply would be stopped, filed suits for declaration that the show-cause notice is null and void and for consequential injunction. The trial Court as well as the appellate Court refused to grant injunction and therefore, the revisions have been filed.

2. Mr.T.V. Ramanujam, senior counsel and Mr.Venkataraman appeared for the petitioner in the C.R.P. No.2868 of 2001 and Mr.M. Venkatachalapathy, senior counsel appeared for the petitioner in C.R.P. No.2516 of 2001. Mr.O. Santhanakrishnan took notice and made his submissions on behalf of the caveator/ respondent.

3. The grievance of the petitioners is fairly identical. According to them, the samples were taken from the petitioners’ bunks on 1.11.2000 and 3.11.2000 (C.R.P. Nos.2516 and 2868 of 2001 respectively) and though a time limit is stipulated for sending the sample











































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