ARUN TANDON, J. - (1.) HEARD Sri M.D. Singh 'Shekhar, learned Senior Advocate assisted by Sri Sanjay Kumar Singh, learned counsel for the petitioner, Sri Prakash Padia, learned counsel for respondent Nos. 2 to 4 and learned Additional Solicitor General of India for Union of India.
(2.) PETITIONER was appointed as dealer for sale of oil and oil products of Indo-Burmah Petroleum Corporation Limited (for short' IBP Corporation') under letter of the Divisional Manager, IBP Corporation dated 31st October, 2005 (Annexure-2 to the writ petition). An agreement was also executed Between the petitioner and IBP Corporation on 31st October, 2005 (as is admitted in paragraph-4 of the writ petition), a copy of the same has been produced before this Court at the time of hearing (neither the execution nor the terms and conditions of the agreement are in dispute between the parties. Ibp Corporation has since been merged with Indian Oil Corporation Ltd. with all rights and obligations. The dealers appointed by the Ibp Corporation are treated to be the dealers of Indian Oil Corporation on same terms and conditions. There is no dispute in that regard between the parties.
(3.) ON 25th June, 2007 samples of Motor Spirit and High Speed Diesel were drawn from the nozzle of the delivery pump established at the retail outlet of the petitioner. A 'Marker Test' was carried out by the representatives of SGS India Private Limited. On 26th June, 2007, sales and supplies of the petroleum products from the retail outlet of the petitioner was suspended as the samples failed the Marker Test, under order of the Deputy Manager (Retail Sales), Indian Oil Corporation Ltd., Varanasi. On 28th June, 2007, the petitioner is stated to have sent a letter to the Indian Oil Corporation with a prayer that fresh inspection should be made and samples be drawn in the presence of the petitioner. This was followed by another letter dated 16th August, 2007 for the said purpose.;