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MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR
Pandit Damber Lal Bhagirathi Filling Station – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Prashant Kumar, J.
1. Heard Shri Rakesh Pande, learned Senior Counsel assisted by Shri Rahul Pandey, learned counsel for the petitioner, Shri Neeraj Tripathi, learned Senior Counsel assisted by Shri Deepak Kumar Ojha, learned counsel for the complainant and Shri Rakesh Kumar & Sri Anand Tiwari, learned counsel appearing for the respondent nos. 2 and 3.
2. Present writ petition is preferred under Article 226 of the Constitution of India for quashing of the order dated 12.03.2022, whereby the dealership of the petitioner was terminated by the Divisional Retail Head, Noida Divisional Office, Indian Oil Corporation Ltd. (Marketing Division), U.P. State Office-II, E-8, Sector-1, Noida.
3. Brief facts of the case are as follows :
4. A Petrol-Pump was allotted through Letter of Intent (for short “LOI”) to one Shri Umesh Chand Sharma (father of the petitioner) (for short “original allottee”) on 22.08.2005, followed by an execution of the Memorandum of Agreement on 04.08.2008. At the time of allotment, the respondent-Indian Oil Corporation Limited (for short “IOCL”) had a condition in the agreement that the allottee should not be holding the Office of Profit or if he is in any job, he
The court upheld the legality of dealership termination based on confirmed tampering evidence, affirming procedural fairness and adherence to natural justice principles, invalidating the petitioner's....
The court established that termination of a distributorship must adhere to due process and contractual obligations, emphasizing the need for prior consent in partnership arrangements.
The court emphasized the importance of providing accurate and complete information in the application for dealership agreements, and upheld the contractual grounds for termination based on the incorr....
The main legal point established in the judgment is the application of the policy decision dated 21.12.2006 in the appointment of a dealer for the petrol pump. The court's decision emphasized the val....
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