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2010 Supreme(Mad) 1875

K.CHANDRU
K. M. Batcha and Company Represented by its Partner Smt. B. Rasheeda – Appellant
Versus
The Chief Regional Manager, Hindustan Petroleum Corporation Ltd. , Egmore & Another – Respondent


Advocates Appeared:
For the Petitioner:A.R.L. Sundaresan, S.C. For A.L. Gandhimathi, Advocate.
For the Respondents:Vijayan M/s. King and Partridge, Advocate.

Judgment :-

1. Heard both sides.

2. The petitioner is a partnership firm. They have filed the present writ petition, challenging the order dated 27.08.2009 passed by the first respondent -Chief Regional Manager, Hindustan Petroleum Corporation Ltd., (for short HPCL) and after setting aside the same seeking for a consequential direction to restore possession of the Retail Outlet of the respondent Corporation situated at No.1/1 Arani Road, Vandavasi 604 408, Tiruvannamalai District to the petitioner to resume supply of Petroleum products.

.3. By the impugned order, the petitioners Dealership Agreement dated 19.07.1979 was terminated under Clause 55(A) and 55(K) for the violations committed by the petitioner in terms of Clause Nos.28,38 and 42 of the Dealership Agreement. The petitioner was intimated that it was without prejudice to the rights of the Corporation in respect of any matter antecedent to the termination. The petitioner was also informed about Clause Nos.4,57,58,59 and 64 in the Dealership Agreement dated 19.07.1979 and she was requested to comply with the same. In the operative portion of the impugned order, it was indicated as follows:-

."...The letter dated 3. 2009 Sh










































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