B.S. Chauhan, J. - (1.) This writ petition has been filed for quashing the notice of demand dated 17.2.2003, by which the respondent Indian Oil Corporation has put a demand of Rs. 5,50,800 for loss of 306 cylinders being carried in the vehicle of the petitioner.
(2.) Facts and circumstances giving rise to this case are that petitioner Transport Co. had entered into a contract of transporting the LPG cylinders of the respondent Corporation to various agencies. The truck belonging to the petitioner carrying 306 LPG cylinders was allegedly taken way by force by antisocial elements on 26.1.2003 and petitioner lodged the F.I.R. in respect of the said crime and also informed the respondent Corporation. However, the respondent Corporation has put a demand of Rs. 5,50,800 vide impugned notice dated 17.2.2003 as a compensation to the said loss. Hence, this petition for quashing the said notice.
(3.) Sri M.N. Singh, learned counsel for the petitioner has submitted that the petitioner company has lodged the F.I.R. and also claimed the amount from the Oriental Insurance Co. regarding the said theft/loot of 306 cylinders belonging to the Corporation. The respondent's notice demanding the said amount for loss of cylinders is liable to be quashed.;