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2019 Supreme(Online)(KER) 26917

HIGH COURT OF KERALA
NANA AUTO FUELS – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
['SANTHOSH MATHEW', '', 'SRI ARUN THOMAS', 'SRI JENNIS STEPHEN', 'SRI VIJAY V PAUL', 'SMT KARTHIKA MARIA', 'SMT VEENA RAVEENDRAN', 'SRI ANIL SEBASTIAN PULICKEL', 'SHRI P VIJAYAKUMAR', 'ASG OF INDIA', '', 'SRI N NAGARESH', 'ASSISTANT SOLICITOR GENERAL', 'SRI M GOPIKRISHNAN NAMBIAR', 'SRI P GOPINATHSRI K JOHN MATHAISRI JOSON MANAVALANSRI KURYAN THOMASSRI PAULOSE C ABRAHAM']

R.Narayana Pisharadi, J

The appellants are the petitioners in the writ petitions, W.P.

(C) No.12202 of 2018 and W.P.(C) No.13363 of 2018. They

assail the judgment of the learned Single Judge in the above writ

petitions.

2.

The appellants are persons who conduct petroleum

retail outlets on the basis of the dealership agreements executed

by them with the oil marketing companies by name Bharat

Petroleum Corporation Limited, Indian Oil Corporation Limited

and Hindustan Petroleum Corporation Limited, who are the

second, fourth and the sixth respondents in the writ petitions.

10

The appellants alleged that, as per Ext.P2 circular, the oil

marketing companies mentioned above demanded them to

furnish the sales tax returns, bank account statements and

income tax returns pertaining to their dealership. They alleged

that the oil marketing companies threatened that, on failure to

furnish the above information, the supply of petroleum products

to them would be discontinued. The appellants contended that

they are not bound to furnish the above information to the oil

marketing companies and that compelling them to furnish the

above information infringes th

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