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2011 Supreme(All) 1438

V.K.SHUKLA
AUTO OIL COMPANY – Appellant
Versus
INDIAN OIL CORPORATION LTD. – Respondent


Advocates:
Counsel :
Manish Goyal, Ram Kaushik and Priyanka Middha for the Petitioners; Prakash Padia, C.S.C. for the Respondents.

JUDGMENT

Hon’ble V.K. Shukla, J.—Present writ petition has been filed by the petitioner before this Court questioning the validity of the order dated 25.11.2009 passed by the General Manager U.P.S.O.-II Indian Oil Corporation Ltd., E-8 Sector-1 Noida canceling Retail Outlet Agency of the petitioner and order of its affirmance in appeal vide order dated 29.3.2010 passed by Executive Director (Retail Sales), Indian Oil Corporation Ltd. (Marketing Division) Indian Oil Bhavan, G-9, Ali Yavar Jung Marg, Bandra, (East) Mumbai. Civil Misc. Writ Petition No. 45358 of 2010 has been filed by Indian Oil Corporation refusing to refer the matter of Arbitrator by Civil Judge, Senior Division, Moradabad.

2. Brief background of the case is that petitioner has been dealer of the Indian Oil Corporation Ltd. at Site ‘B’ Majhola Delhi Road, Moradabad since 1967 and has been running his dealership in the name and style of M/s Auto Oil Company which is a sole proprietorship concern. The dispensing unit of the petitioner Make T-20 (Tokheim 2T Mix) machine with grade MS 3% was defective with respect to which the petitioner made a complaint to the local office of the respondents. On such complaint, inspecti


















































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