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2010 Supreme(All) 1718

ASHOK BHUSHAN, VIRENDRA SINGH
Kishore Auto Sales and Others – Appellant
Versus
Bharat Petroleum Corporation Ltd. Varanasi and Others – Respondent


Advocates:
V.B.Upadhyay, Ravi Kant , R.G.Padia, Prakash Padia, Imran Syed

Hon'ble Ashok Bhushan, J.: -

Heard Sri Ravi Kant, learned Senior Advocate, assisted by Sri Imran Sayeed for the petitioners and Sri V.B. Upadhyay, learned Senior Advocate, assisted by Sri Prakash Padia for the respondents.

This writ petition has been filed by the petitioner, a retail outlet dealer of Bharat Petroleum Corporation Ltd. challenging the order dated 14.3.2009 by which dealership of retail outlet has been terminated by the Bharat Petroleum Corporation.

Brief facts necessary for deciding the writ petition are; the petitioner was appointed as retail outlet dealer on 2.5.1977. The dealership between the petitioner and the respondent Corporation is being governed by the contract in writing. Last such a contract was entered into between the petitioner and the respondent Corporation on 4.4.2003. An inspection of the petitioner's retail outlet which is situated at Hanumanganj, district Allahabad was conducted by M/s SGS India Private Ltd. authorised by the Bharat Petroleum Corporation for such purpose on 3.12.2008. During inspection sample of motor spirit and high speed diesel oil was taken by the inspection team. A test known as marker test was conducted at the outlet of the pet












































































































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