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2008 Supreme(All) 1184

SUNIL AMBWANI
NAVIN FILLING STATION, NAWABGANJ, BAREILLY – Appellant
Versus
INDIAN OIL CORPORATION LTD – Respondent


Advocates:
Counsel :
Arvind Kumar Shukla for the Petitioner; Prakash Padia for the Respondents.

JUDGMENT

Honble Sunil Ambwani, J.—Heard Shri Arvind Kumar Shukla, learned Counsel for the petitioner. Shri Prakash Padia appears for the Indian Oil Corporation Ltd. (in short the Corporation). The pleadings have been exchanged. With the consent of parties, the writ petition was finally heard.

2. The petitioner is a dealer of the Corporation and carries on business of retail sales and supplies of petroleum products, on the plot of land owned by him, under an agreement dated June 7, 1990 executed between the petitioner and the Corporation in the ‘Open General Category’.

3. A team of officers of the Corporation visited the retail outlet on January 19, 2006. By a letter dated January 30, 2006 the petitioner was required to explain the reasons of the following irregularities :

“1. MS DU Z-Line was found to be delivering excess by 60 ml in 5 Lts for which recalibration of DU was advised. You were supposed to get the DU recalibrated in the presence of an Officer of IOC. No information has been received till date.

2. Air Facility was not available.

3. Housekeeping was very poor.

4. Weights & measure seals of Z-Line MS Du assembly was loose.

It has further been reported that the Pump Manager was pr


























































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