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2023 Supreme(Online)(KER) 4377

HIGH COURT OF KERALA
V. G. Arun, J
SREE NARAYANA SALES AND SERVICES – Appellant
Versus
INDIAN OIL CORPORATION LIMITED(IOC) – Respondent


Advocates:
K.JAJU BABU (SR.), M.U.VIJAYALAKSHMI, BRIJESH MOHAN, M.GOPIKRISHNAN NAMBIAR, K.JOHN MATHAI, JOSON MANAVALAN, KURYAN THOMAS, PAULOSE C. ABRAHAM

JUDGMENT

Dated this the 23rd day of January, 2023 The petitioners are authorised dealers of the Indian Oil Corporation Limited/1st respondent. The petroleum products of the 1st respondent are transported by the dealers from the terminals to their retail outlets in vehicles owned by them or by the General Transporters engaged by the first respondent Corporation. As per the usual practice being followed, the first respondent will permit dealers to use their own Tank Trucks (TTs) to lift petroleum products to outlets owned by them. The dealers are permitted to lift petroleum products based on the Expression of Interest (EoI) submitted by them, while the rates for General Transporters are fixed by inviting tenders. The L1 rates of General Transporters are made applicable to the dealers participating in the EoI.

2. As per Ext.P2, the first respondent had invited EoI from dealers for road transportation of bulk petroleum products. The petitioners participated in the selection process based on Ext.P2 and were made to submit affidavits accepting the L1 rates of General Transporters. The petitioners' grievance is regarding the substantial reduction in the rate of transportation of fuel incorp

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