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VIVEK RUSIA
M. P. Bombay Auto Service (M/s. ) – Appellant
Versus
Bharat Petroleum Corporation Limited – Respondent
ORDER
As the controversy involved in both these two petitions is identical, therefore, they are being decided by this common order. For the sake of convenience, the facts narrated in W.P. No.19872/2022 are being taken into consideration.
The petitioner has filed the present petition being aggrieved by show-cause notice dated 13.6.2022 passed by respondent No.2.
1. Facts of the case, in short, are as under :
The petitioner is a proprietorship firm running the business of selling and supplying Motor Spirit (Petrol) and HSD (Diesel) since last 25 years by virtue of dealership awarded by respondent Oil Company. The last dealership agreement was executed on 18.8.2018 for a period of 5 years i.e. up to 22.12.2023.
2. A complaint was made against the petitioner in Police Station Kishanganj, District Indore on the basis of which a raid was conducted by the Police on 11.10.2021 during the unloading of petrol and diesel from Tanker bearing Registration No. MP-09-HG-9027 to MP-09-HJ-9027. Prima facie adulteration was found in the petroleum product, therefore, samples were drawn and thereafter, FIR was registered on 14.10.2021 at Police Station Kishanganj at Crime No. 727/2021 u/s. 420 and 120-B of
Termination of dealership without adhering to procedural guidelines and principles of natural justice is unlawful.
Procedural timelines in regulatory matters are mandatory; delays without justification invalidate actions taken under such guidelines.
It is primarily the responsibility and duty of a statutory authority to take a decision and it should be enabled to exercise its discretion independently. If the authority does not exercise its mind ....
The Court may decline to interfere in a matter where the petitioner has a remedy available and no prejudicial order has been passed yet.
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