SUSHILA KUMAR Vs. INDIAN OIL CORPORATION LTD
LAWS(DLH)-2007-8-154
HIGH COURT OF DELHI
Decided on August 31,2007

SUSHILA KUMAR Appellant
VERSUS
INDIAN OIL CORPORATION LTD Respondents

JUDGEMENT

S.Ravindra Bhat, J. - (1.) The writ Petitioner is aggrieved by the termination of a LPG (Liquified Petroleum Gas) dealership by the respondent, Indian Oil Corporation (hereafter called "IOC").
(2.) The facts necessary to decide this case are that the petitioner's husband was a Major-General in the Army. On 7.11.1988, the said Maj.Gen. B.N. Kumar died during engagement with extremists in Punjab. As a gesture of rehabilitation for his family, the IOC decided to grant an LPG outlet to his widow, the present Petitioner. After a wait of over 5 years, the Distributorship Agreement was executed by the parties on 7.7.1994. The Petitioner commenced business.
(3.) It is averred that the Petitioner operated the distributorship with outlet or hinderance for the eight year period between 1994 and 2001. On 21.4.2001, the IOC issued a show cause notice to her, levelling allegations, including, inter alia, that she had stopped carrying on business. The Petitioner replied on 2.5.2001, denying that there was any breach of the agreement or that she was unavailable at the outlet; she stated that the business was managed under her close supervision. On 5-6-2001, the IOC closed the matter with a "warning" that the Petitioner should personally tend to the business. It is alleged that on 8.6.2001, the Petitioner wrote to IOC stating that since her daughter was in the family way, and in New Zealand, she had to go abroad for a few months. She later left the country.;


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