The Supreme Court on Friday,17th May,2024 had given its judgment on the case of M/S. HINDUSTAN PETROLEUM CORPORATION LIMITED & ORS versus DHARAMNATH SINGH & OTHERS.
In the ongoing case, these appeals which had been passed as the Special leave judgment on the date of 5h May,2019. This special leave judgment upheld the decision of the Learned Single Judge in the year 2007. In the judgment the action of the appellant of terminating the license of the respondent was quashed and set aside.
The mere facts of the case were that the respondent was appointed as the dealer of the for petrol/diesel/motor oil/grease and other such products of the appellant(s) by way dealership Agreement in the year of 2007.
On 18th August,2007 certain officials who were appointed by the appellant were from SGS India and after the appointment they went to the petrol pump of the respondent and had took samples of High speed Diesel (HSD) and Motor Spirit (MS). After this investigation by the officials. A notice was filed against the respondent by the appellant on 20th August,2007 and in that notice the respondent had to give response on the irregularities which are present there in the petrol pump within the time period of 7 days.
On the basis of the reports of the samples which were taken from the respondent’s petrol pump. The license of the respondent was suspended by the Senior Sales officer, Durgapur.
The respondent questioned the test of the samples which were taken from his petrol pump and argued that the decision was arbitrary. With this dissatisfaction, a writ petition was filed which gave rise to this whole controversy.
When this case went up to the higher level at the Supreme Court. So, the Supreme Court had said in it’s judgment that “ It stands clarified that we have taken note of and considered all contentions raised across the Bar, however, in view of the above discussions, no other point survives for consideration. Consequentially, the appeals are allowed keeping in view that the termination of the agreement inter se the parties was only based on the contravention of the terms of the dealership agreement.”
Therefore the pending application has been disposed off.
CASE NAME- HINDUSTAN PETROLIUM CORPORATION LIMITED AND OTHERS versus DHARAMNATH SINGH
NAME- DAKSH SRIVASTAVA, B.A.LLB, G.D. GOENKA UNIVERSITY, INTERN UNDER LEGAL VIDHIYA
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