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2011 Supreme(All) 2696

ASHOK SRIVASTAVA, AMITAVA LALA
BANSAL AUTO MOBILES – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Anurag Khanna and Nipun Singh for the Petitioner; Prakash Padia for the Respondents.

JUDGMENT

Hon’ble Amitava Lala, J.—By means of this writ petition, the petitioner seeks relief for quashing of the impugned order dated 27th January, 2011 passed by the respondent No. 3, whereby dealership of the petitioner has been terminated, and also seeks a direction upon the respondents to restore the supply of petitioner’s retail outlet forthwith.

2. Briefly stated facts are that the petitioner is running a retail outlet of Bharat Petroleum Corporation Limited (in short called as the ‘’Corporation’) at Chandpur, District Bijnor, Uttar Pradesh since the year 1971 after obtaining requisite licence from the Corporation. Petitioner was running the retail outlet with the help of mechanical machines. However, the respondent Corporation decided to replace the old mechanical machines with new electronic machines. Such electronic machine is named and styled as ‘’AVERY & L/T Machine’. In any event, though mechanical machines of the petitioner were replaced by electronic machines but such electronic machines were also used and old, to which when objection was raised by the petitioner, supply of petroleum products to the petitioner’s retail outlet was temporarily stopped by the Corporation























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