- (1.) PRESENT Special Appeal has been filed by petitioner/appellant Vinay Kumar Goyal under Chapter VIII, Rule 5 of the High Court Rules against judgement and order dated 6.9.2010 passed in Writ Petition No. 53920 of 2009, Vinay Kumar Goyal Vs. Chairman and Managing Director, Hindustan Petroleum Corporation Ltd. and others as well as order dated 01.11.2010 passed by Hon'ble Single Judge in Review Petition No.296313 of 2010, Vinay Kumar Goyal Vs. Chairman and Managing Director, Hindustan Petroleum Corporation Ltd. and others.
(2.) SRI Krishna Kumar Mishra appeared for petitioner/appellant and Sri Vikas Budhwar appeared for respondents.
(3.) WE have heard the arguments of the parties and perused the records. The backdrop of the case giving rise to present appeal is that petitioner/appellant was appointed as dealer by Hindustan Petroleum Corporation Limited, pursuant to an agreement executed between the parties on 8.5.2002. He carried on his dealership business under the name and style of M/s. Subham Filing Station, Akhob, Belthara Madhuban Marg, Ballia as per instructions issued by Corporation from time to time. On 11.7.2005 a robbery was committed at the filing station in which the clerk of the petitioner/appellant was murdered and he himself was grievously injured. On 21.7.2006 an authorized representative of the Corporation namely Shri B.R. Tonap, Mobile Lab Officer, inspected the filing station and collected sample of petroleum products dispensed by the petitioner/appellant. At that time there was very low stock of about 800 Liters MS as such the sample reflected amalgamated product mixture of earlier supplies which resulted in difference in standard figure of the sample.;