Back
SUSHRUT ARVIND DHARMADHIKARI, DUPPALA VENKATA RAMANA
Kanhaiyalal and Company (A Proprietorship Firm) Through Its Proprietor Smt. Kiran Mundra (M/s. ) – Appellant
Versus
Indian Oil Corporation Limited – Respondent
ORDER
Dharmadhikari, J. -- 1. Heard finally at motion stage with the consent of both the parties. The present intra Court appeal u/S 2(1) of M.P. Uccha Nyayalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005 assails the final order dated 27.10.2023 passed in W.P. No. 22645/2022 where by the writ petition filed by the appellant herein has been dismissed.
2. Brief undisputed facts giving rise to filing of the present writ appeal are as follows :--
(i) Appellant is a proprietorship firm who is engaged in the business of Retail Sales and Supply of Petroleum Products that is Motor Spirit (Petrol) and High Speed Diesel through its filling and service Station situated at Akodia Road, Shujalpur Mandi, Shujalpur, District-Shajapur (M.P) for the last 50 years and appellant has renewed his dealership with respondents and obtained dealership from the respondents vide Dealership Agreement dated 1.7.2019 for a period of 15 years i.e. up to 30.6.2034.
(ii) On 1.12.2018, Dispensing Units manufactured by GVR bearing No. 201302001387 and 201308000035 were installed by respondent No. 1 with petitioner’s aforesaid service station.
(iii) On 8.7.2021, Online complaint was uploaded by the petitioner on D
The court upheld the termination of the dealership agreement based on the critical irregularities as per the Marketing Discipline Guidelines.
The court emphasized the necessity of adhering to principles of natural justice in administrative actions, ruling that reliance on undisclosed evidence rendered the termination of the dealership arbi....
Consideration of the petitioner's defense and the expert opinion of the OEM is crucial in dealership termination cases to ensure compliance with principles of natural justice.
Termination of dealership without adhering to procedural guidelines and principles of natural justice is unlawful.
The court upheld the cancellation of a diesel sale license due to confirmed tampering of dispensing units, establishing the dealer's responsibility for maintaining equipment integrity.
The judgment established that administrative decisions based on misreading of documents, ignorance of evidence, and without recording reasons are arbitrary and violative of principles of natural just....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
