Rajeev Misra, J. - (1.) Heard Sri. Sashi Nandan learned Senior Counsel assisted by Mr. B.P Mishra, learned counsel for the petitioner-appellants and Mr. Prakash Padia representing all the respondents.
(2.) The petitioner-appellant No. 1 M/s. Dhirpur Multi Center is the retail outlet dealership of which the petitioner-appellant No. 2 is the proprietor. The retail outlet dealership allotted to the petitioner-appellants was terminated by means of an order, dated 20.12.2007 passed by the respondent No. 1 the General Manager Indian Oil Corporation. A perusal of the order dated 20.12.2007 will go to show that the dealership allotted to the petitioner-appellants has been terminated on the following grounds as contained in the aforesaid order, dated 20.12.2007 i.e. the Weight and Measurement Seals of one of the DUs-HSD (of Avery make) was observed to be broken. The totalliser Weights and Measurement Seals of one of the DU-MS (of MIDCO make) and HSD (of Avery make) the sealing wire passed through holes in such a way that totaliser could be manipulated without breaking the seals. One HSD-DU was connected to tanks (20 ki & 15 ki) with help of two valves on top of the tanks. TT retention samples of MS & HSD were not available at RO. Feeling aggrieved by the termination order, dated 20.12.2007, the petitioner-appellant preferred an appeal in terms of Chapter 6 of Marketing Discipline Guidelines. The appeal preferred by the petitioner-appellants also came to be dismissed by the Appellate Authority i.e. the respondent No. 3 the Executive Director (Retail Sales) IOC, Bombay vide order, dated 21.7.2009.
(3.) Feeling aggrieved by the aforesaid orders the petitioner-appellants filed Civil Misc. Writ Petition No. 50711 of 2009 before this Court. The same has been dismissed by the learned single Judge by means of the judgment and order, dated 21.09.2011. Challenging the judgment and order dated 21.09.2011 passed by the learned single Judge, the petitioner-appellants have now come up in special appeal.;