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2018 Supreme(All) 1655

A.P.SAHI, SHASHI KANT
Pestonji Brothers – Appellant
Versus
Deputy General Manager (I/C), M/S Indian Oil Corp Ltd. – Respondent


Advocates Appeared:
Vivek Kumar Birla, Adv., Prakash Padia, Adv., R.G. Padia, Adv.

JUDGMENT & ORDER :

1. Heard learned counsel for the parties.

This petition arises out of an order dated 20.06.2007 passed by the respondent-Indian Oil Corporation cancelling the retail petroleum agency of the petitioner on several grounds. The writ petition was allowed by a Division Bench on 30th January, 2008 against which the Indian Oil Corporation went up in appeal before the Apex Court in Civil Appeal No. 7140 of 2008. The appeal was allowed on 31st August, 2017 and the matter was remitted back to the High Court for decision afresh by the following order:-

"The High Court has not looked into the allegations in the case regarding tampering with seal of the totaliser of the dispensing unit for making illegal gains at the cost of unsuspecting members of public mentioned in the order of termination, which fact is also borne out by the stock variation detected at Retail Outlet in all the four products. The violation of the terms and conditions of the Dealership Agreement and other allegations have also not been looked into. What is the penalty prescribed for when the seal is found

















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