REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8257 OF 2019 (ARISING OUT OF SLP (CIVIL) NO. 25746 OF 2018)

INDIAN OIL CORPORATION LTD. & ORS. .....APPELLANT(S)

VERSUS M/S. R.M. SERVICE CENTRE & ANR. .....RESPONDENT(S)

J U D G M E N T

HEMANT GUPTA, J.

1) The challenge in the present appeal is to an order of the Division Bench of the Gauhati High Court passed in writ appeal on 20^th February, 2018 maintaining an order of the Single Bench of the High Court whereby termination of dealership of respondent No. 11 for violation of Marketing Discipline Guidelines, 2012, [for short, ‘Guidelines’] was set aside.

2) The dealer was granted retail dealership for sale of motor spirit (petrol), High Speed Diesel, motor oil and grease as a physical

1 for short, ‘dealer’

disabled person on a depot located at Ghograpar, National Highway -31 in the District of Nalbari, Assam. The sale and supply from the retail outlet of the dealer was suspended by the appellants on 6^th May, 2013 when it was found, on the joint inspection, variation of stock of High Speed Diesel beyond permissible limit; density of Tank No. 2 was not available and that tanker truck retention of the corr