- (1.) Heard Sri Anurag Khanna, learned Senior Counsel for the appellants assisted by Sri Nipun Singh and Sri Atul Dayal, learned Senior Counsel for the appellant- Bharat Petroleum Corporation Limited assisted by Sri Vikas Budhwar.
(2.) This second appeal has been filed by the plaintiff under Section 100 of the Code of Civil Procedure being aggrieved by the judgment and order dated 06.09.2019 passed by the Court of learned Additional District Judge, Court No. 6, Meerut in Civil Appeal No. 95 of 2019 ( Bharat Petroleum Corporation Limited and Others vs. Smt. Rajesh Sharma and Others ) whereby partially reversing the judgment and decree dated 14.02.2009 passed in Civil Appeal No. 1030 of 2013 by the Court of learned Additional Civil Judge (Senior Division), Court No. 3, Meerut which passed a decree of mandatory injunction and declaration in favour of the respondents/plaintiffs.
(3.) Learned counsel for the appellant-plaintiff submits that plaintiff had filed a suit claiming a decree of injunction in favour of the plaintiffs against the defendants seeking quashment of the letter dated 05.12.2016 sent by the defendant through its head retail (north) and for restoration of the dealership agreement dated 14.06.1996 and for establishment of status quo ante which was in existence prior to 16.04.2013. Further, declaration has been sought that the letter dated 05.12.2016 issued by the defendants to the plaintiff is illegal, arbitrary and against the provisions of Marketing Discipline Guidelines (M.D.G.), 2013. The suit as was filed by the plaintiff was decreed by the learned Trial Court and the learned Trial Court while allowing the suit declared the communication dated 05.12.2016 to be illegal and null void ab initio being in violation of the M.D.G., 2013 and further issued a mandatory injunction directing the defendants to revive the dealership agreement dated 14.06.1996 and to establish status quo ante as was existing prior to 16.04.2013.;