- (1.) M/s. Satyam Filling Station, Jhansi has filed this petition for quashing the order dated 22nd September, 2008 passed by the General Manager, Indian Oil Corporation Ltd., Lucknow by which the dealership agreement of the petitioner was terminated. The petitioner has also sought the quashing of the order dated 4th April, 2009 by which the appeal filed by the petitioner for setting aside the aforesaid order was dismissed by the Executive Director of the Indian Oil Corporation Ltd.
(2.) The petitioner was appointed by the Indian Oil Corporation as its dealer for the retail sale or supply of Petrol/HSD/Motor Oil/Grease and on 14th March, 2005 the dealership agreement was executed between the petitioner and the Indian Oil Corporation.
(3.) On 9th December, 2007 the retail outlet of the petitioner was inspected by M/s. S.G.S. India Pvt. Ltd., the authorised representative of the Indian Oil Corporation for conducting marker tests at retail outlets, and the following irregularities/malpractices were observed: 1. HSD sample drawn from the Retail Outlet of the petitioner failed in the Marker Test conducted at the retail outlet on December 9, 2007 by M/S SGS India Pvt. Ltd. 2. The last load Tank Truck retention sample was not available at the retail outlet of the petitioner at the time of inspection and the same has been duly acknowledged by the representative of the petitioner present at the retail outlet at the time of inspection.;