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2017 Supreme(P&H) 2740

AJAY KUMAR MITTAL, AMIT RAWAL
Vishal Sethi – Appellant
Versus
Indian Oil Corporation Ltd. – Respondent


Advocates:
For the Petitioners:Mr. Kanwaljit Singh, Sr. Advocate with Mr. Abhishek Bajaj, Advocate.

JUDGMENT

Mr. Ajay Kumar Mittal, J.:- The petitioners through the instant petition filed under Articles 226/227 of the Constitution of India, pray for quashing of clause No. ‘D’ at page 8/134 of the tender document (Annexure P-1) which allows the distributor to have arrangement with another distributor for carrying his LPG beyond his/her own use. Direction has also been sought to the respondents to consider only such distributors for own use who have quoted L1 and whose trucks have been qualified in the ranking system as envisaged in the tender.

2. A few facts relevant for decision of the controversy involved as narrated in the petition may be noticed. The petitioners are transporters of packed LPG cylinders that requires the truck with their bodies of prescribed specifications and caged top and back side with locking system and approvals from Explosive Department. Though the petitioners are not permanent or fixed LPG transporters of the respondents, but keeping in view the specified/prescribed specifications of the body of trucks, stringent safety measures and regulated sale and supply of LPG cylinders have been taken by them for the last many years. The Indian Oil Corporation Limit


























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