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2019 Supreme(All) 1115

ANIL KUMAR, YOGENDRA KUMAR SRIVASTAVA
Agarwal Brothers Throu. Prop. Smt. Manju Devi Agarwal – Appellant
Versus
Indian Oil Corporation Ltd. Throu. Executive Director – Respondent


Advocates Appeared:
For the Petitioner: Amrendra Singh, Tushar Hirwani
For the Respondent: Manish Jauhari

JUDGMENT :

1. Heard Sri N.K. Seth, learned Senior Counsel assisted by Amrendra Singh, learned counsel for the petitioner and Sri Manish Jauhari, learned counsel for opposite parties/ Indian Oil Corporation.

2. By means of present writ petition, the petitioner has prayed for quashing of the order dated 24.5.2019 (Annexure no.1) terminating the dealership of the petitioner together with the fact finding letter dated 1.6.2017 (Annexure no.8) and show cause notice dated 6.11.2017 (Annexure no.10).

3. Sri N.K.Seth, learned Senior Counsel appearing for the petitioner submits that petitioner had been granted dealership by Indian Oil Corporation for running the retail outlet of petroleum products at Jiyamau, Lucknow and the same is being operated in the name and style of M/s Agarwal Brothers.

4. On 1.5.2017, an inspection was made of the retail outlet of the petitioner at Jiamau, Lucknow and an inspection report was prepared wherein it is stated that in Machine No.2 Pulsar soldering of nozzle no.3 was not proper. However, in the inspection neither any short supply was found nor seals on the machines were reported to be broken nor any chip was reported to be installed.

5. Sri N.K. Seth, learned

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