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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M., JJ
INDIAN OIL CORPORATION LTD – Appellant
Versus
M/S.K.C.OOMMEN & SON – Respondent
| Table of Content |
|---|
| 1. discusses the reconstitution of a dealership and compliance with contractual obligations. (Para 1 , 2 , 3 , 4) |
| 2. analyzes objections regarding the interpretation of dealership agreement clauses. (Para 5 , 6 , 7) |
| 3. court's rationale on determining the applicability of contract clauses in the context of the case. (Para 8 , 9) |
Sushrut Arvind Dharmadhikari, J.
JUDGMENT
This intra court appeal filed under Section 5 of the Kerala High Court Act , 1958, challenges the judgment dated 02.08.2023 passed in W.P(C)No.15737 of 2015, whereby the learned Single Judge had allowed the writ petition. Being aggrieved, the respondents therein have filed the writ appeal. The original petitioner is the respondent herein.
2. The respondent had filed the writ petition praying for the following reliefs:
“(i) a writ, order or direction in the nature of certiorari calling for the records of the case and quashing Exht. P11 order of the 2nd respondent;
(ii) a writ, order or direction in the nature of mandamus to the 2nd respondent to allow Exht.P6 application to approve the induction as per Exht.P5 as the reason stated in the impugned order is arbitrary and unsustainable;
(iii) a writ, order
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