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2021 Supreme(MP) 506

MOHAMMAD RAFIQ, VIJAY KUMAR SHUKLA
Indian Oil Corporation Ltd. – Appellant
Versus
Krishna Gas Agency – Respondent


Advocates:
Aditya Adhikari with Eijaz Siddiqui for appellants;
Manikant Sharma for respondent.

JUDGMENT

Shukla, J. -- 1. The present intra-Court appeal has been filed under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth ko Appeal) Adhiniyam, 2005, being aggrieved by the order dated 07-01-2021 passed by the learned Single Judge in WP- 18913-2013 [M/s Krishna Gas Agency v. Indian Oil Corporation Ltd. and others], whereby the writ petitioner filed by the respondent/writ-petitioner [hereinafter referred to as “the petitioner”] has been allowed. The petitioner has challenged the order dated 26.12.2011 passed by the appellants, whereby the distributorship of LPG Gas cylinders granted in the name of M/s Krishna Gas Agency has been terminated.

2. The facts leading to filing of the present appeal as putforth by the petitioner are that Late Manish Yadav was awarded Indane Distributorship at Gadarwara, District Narsinghpur under Physically Handicapped (PH) category in the year 1994 and the distributorship was commissioned under the name and style of M/s Krishna Gas Agency, Gadarwara. Thereafter, Shri Manish Yadav died on 28.8.2007 and, therefore, his wife started taking care of the firm and applied for reconstitution of the firm.

3. The appellants vide letter dated

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