Karnataka High Court
Nayan Chandra Shetty vs Indian Oil Corporation Ltd on 14 November, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:46349
WP No. 37366 of 2011
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 37366 OF 2011 (GM-RES)
BETWEEN:
NAYAN CHANDRA SHETTY,
S/O SATISH KUMAR SHETTY,
AGED 32 YEARS,
PROPRIETOR, ADITHI PETROLEUM CENTRE,
N.H.17, UDYAVARA POST,
UDYAVARA - 574 118,
UDUPI DISTRICT.
...PETITIONER
(BY SRI. S. K. ACHARYA, ADVOCATE)
AND:
1. INDIAN OIL CORPORATION LTD.,
Digitally signed
by SHWETHA INDIAN OIL BHAVAN,
RAGHAVENDRA NO.29, P. KALINGA RAO ROAD,
Location: HIGH
COURT OF BANGALORE - 560 027,
KARNATAKA BY ITS GENERAL MANAGER AND
COMPETENT AUTHORITY.
2. THE APPELLATE AUTHORITY,
INDIAN OIL CORPORATION LTD.,
MUMBAI, REPRESENTED BY ITS
EXECUTIVE DIRECTOR (RETAIL SALES),
INDIAN OIL CORPORATION LTD,
MARKETING DIVISION,
INDIAN OIL BHAVAN, G-9, ALI YAVAR JUNG MARG,
BANDRA (E), MUMBAI - 400 051.
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NC: 2024:KHC:46349
WP No. 37366 of 2011
...RESPONDENTS
(BY SMT. AISHWARYA HEGDE., FOR
SRI. DINESH M BHAT., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DT.17.9.11 UNDER APPEAL NO.NIL
PASSED BY THE R2 VIDE ANN-A. QUASH THE IMPUGNED
ORDER DT.6.5.11, PASSED BY THE RESPONDENTS AT ANN.-B
AND ETC.,
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioners are before this Court seeking for the following reliefs:
"Wherefore, it is respectfully prayed that this Hon'ble Court be pleased to:
(i) Issue a writ certiorari, writ or direction by quashing the impugned order dte;17.9.2011 under Appeal No. Nil passed by the 2nd respondent vide Annexure-A.
(ii) Issue a writ of certiorari, writ or direction by quashing the impugned order dtd;6.5.2011 under Ref.
No.KASO/RS/179 passed by the Respondents at Annexure-B.
(iii) Issue a writ of mandamus, writ or direction by directing the 1st respondent to take the petitioner's sample test of supply of 13.12.2007 HSD supplied through receipt No.622588883 through contract carriage vehicle No.KA-19-B-4774 supplied to the petitioner and to test the same before the laboratory under BIS method or marker method.
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NC: 2024:KHC:46349 WP No. 37366 of 2011
(iv) Grant such other relief or reliefs as deems fit in the facts and circumstances of the case in the interest of justice and equity."
2. What has been challenged in the present proceedings is the termination of the petitioner's dealership on certain allegations of violation of the agreement made by the petitioner.
3. Learned counsel for the petitioner submits that the said termination has occurred in the year-2011. The petitioner's grievance would be redressed by return of the security deposit made by the petitioner to respondent. In that view of the matter:
4. I pass the following:
ORDER i. Writ petition is disposed. Granting liberty to the petitioner to submit a representation to respondent No.1 for refund of security deposit enclosing the details of manner and methodology and amount which had been deposited as security deposit. -4-
NC: 2024:KHC:46349 WP No. 37366 of 2011 ii. Such a representation it submitted, respondent No.1 is directed to consider the same within a period of four weeks' of such submission and pass necessary orders thereon.
Sd/-
(SURAJ GOVINDARAJ) JUDGE TMP List No.: 1 Sl No.: 31