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2010 Supreme(All) 398

DILIP GUPTA
SATYAM FILLING STATION – Appellant
Versus
APPELLATE AUTHORITY – Respondent


Advocates:
Counsel :
Ramendra Asthana for the Petitioner; Prakash Padia for the Respondent Corporation.

JUDGMENT

Hon’ble Dilip Gupta, J.—M/s. Satyam Filling Station, Jhansi has filed this petition for quashing the order dated 22nd September, 2008 passed by the General Manager, Indian Oil Corporation Ltd., Lucknow by which the dealership agreement of the petitioner was terminated. The petitioner has also sought the quashing of the order dated 4th April, 2009 by which the appeal filed by the petitioner for setting aside the aforesaid order was dismissed by the Executive Director of the Indian Oil Corporation Ltd.

2. The petitioner was appointed by the Indian Oil Corporation as its dealer for the retail sale or supply of Petrol/HSD/Motor Oil/Grease and on 14th March, 2005 the dealership agreement was executed between the petitioner and the Indian Oil Corporation.

3. On 9th December, 2007 the retail outlet of the petitioner was inspected by M/s. S.G.S. India Pvt. Ltd., the authorised representative of the Indian Oil Corporation for conducting marker tests at retail outlets, and the following irregularities/malpractices were observed :

1. HSD sample drawn from the Retail Outlet of the petitioner failed in the Marker Test conducted at the retail outlet on December 9, 2007 by M/s. SGS India































































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