P.D.DINAKARAN
B. Jenarathanan, Balaji Service Station, Coimbatore – Appellant
Versus
The Senior Regional Managger, Hindustan Petroleum Corporation, Coimbatore Regional Office, Coimbatore – Respondent
Petitioner, who is the Managing partner of Balaji Service Station, who is appointed as retail outlet dealer by the respondent Corporation under the Dealership Agreement dated 29.12.1985. The dealership of the petitioner is admittedly governed by the provisions of the Motor Spirit and High Speed Diesel (Prevention of Malpractices in Supply and Distribution) Order, 1990, an order framed by the Central Government in exercise of the powers conferred by Sec. 3 of the Essential Commodities Act, 1955.
2. Following clauses of the agreement dated 29.12.1985 are relevant to be mentioned.
“24. The quantities of petroleum and other allied products stated to be delivered by the Corporation as measured by the Corporations measuring; devices or means shall be final and binding upon the parties hereto. The property in the product shall pass from the Corporation to the Dealer at the time of delivery of the product to the dealer of his representative and the Corporation not in any way be responsible for loss or shortage thereafter. A receipt signed by or on behalf of the dealer at the time of delivery of petroleum products by the Corporation will be conclusive evidence that the petroleum pr
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