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2011 Supreme(All) 2697

ASHOK SRIVASTAVA, AMITAVA LALA
PILANIA INDANE GAS SERVICE – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Arvind Verma, Ram Kaushik and Prateek Tyagi for the Petitioner; Prakash Padia for the Respondents

JUDGMENT

Hon’ble Amitava Lala, J.—This writ petition has been filed on 2nd December, 2010 challenging the order dated 2nd December, 2009 passed by the Indian Oil Corporation Ltd. terminating the distributorship agreement existing between the petitioner and the Corporation. Therefore, first question arose in the mind of the Court as to what is the ground of laches in filing the writ petition challenging the order dated 2nd December, 2009. Criptic explanation has been given with regard to pendency of proceeding before the Joint Commissioner, Income Tax, Ghaziabad in connectioin with wrong information alleging the income of the petitioner, being one of the conditions for termination of distributorship agreement, and passing of the order by the Income Tax Authority dated 19th January, 2010 pursuant thereto. However, we do not find such explanation as satisfactory. Even if we hold and say that such explanation is sufficient, but such sufficiency cannot overcome the laches beyond 19th January, 2010 without any explanation therefor. Hence, in view of the judgments in Aflatoon v. Lt. Governor of Delhi, 1975 (4) SCC 285 and Sawaran Lata and others v. State of Haryana and others, 2010 (4) SCC






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