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2022 Supreme(MP) 1277

VIJAY KUMAR SHUKLA
Kanhaiyalal And Company – Appellant
Versus
Indian Oil Corporation Limited – Respondent


Advocates Appeared:
Shri Piyush Mathur, Learned Senior Counsel With Shri Madhusudan Dwivedi, Learned Counsel For The Petitioner., for the Appellant; Shri Yogesh Kumar Mittal, Learned Counsel For The Respondents [Caveat], for the Respondent

JUDGMENT

1. The petitioner is a proprietorship firm who is engaged in the business of Retail Sales and Supply of Petroleum Products that is Motor Spirit (Petrol) and HSD through its filling and service Station situated at Akodia Road, Shujalpur Mandi, Shujalpur, District-Shajapur (M.P).

2. In the instant petition filed under Article 226 of the Constitution of India, the petitioner has sought quashment of the order of termination of dealership dated 28/9/2022 and also prayed for a direction to permit the petitioner firm to operate the retail outlets situated at Akodia Road, Shujalpur Mandi, Shujalpur District- Shajapur. A direction has also been sought to resume the sales and supply of the petroleum products to the retail outlets of the petitioner firm.

3. The respondents on Caveat appeared and raised preliminary objections regarding maintainability of the present petition on the ground of availability of alternative and efficacious remedy of appeal under Clause 8.9 of Marketing Discipline Guidelines, 2012 (in short referred to as 'MDG'). It is submitted that as per Clause 8.9 of MDG, the petitioner can file an appeal within 30 days from the date of receipt of the order before the Appe

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