cannot approbate and
reprobate the same. The timelines as contemplated
by MDG 2018 for initiating action has been duly
complied with.
22.In the light ... Distributorship Agreement dated
09.05.1996 read with Clause 4.2(v)(d) of MDG
2018, the distributorship agreement entered with the
claimant was terminated by the impugned
avail alternative remedy under Clause-8.9 of the
Marketing Discipline Guidelines (MDG-2012). The coordinate
bench of this Court by oral order dated 05.02.2020, permitted ... learned counsel further relied
on the importance of the Marketing Discipline Guidelines
(MDG), which reads thus:
"The Respondents would like to highlight the importance
more
stringent action under the provisions of distributorship
agreement and clauses of MDG 2017.
22. The petitioner thus submits that though the show
cause notice ... alleged malpractices it can be concluded that the
following irregularities (under MDG 2017) was done
by your distributorship.
(a) Critical 1st instance under
under IOCL
supervision. He has consistently adhered to the Marketing Discipline
Guidelines (MDG), made timely payments, including ... provisions of the Dealership
Agreement dated 22.12.2020, and the Marketing Discipline Guidelines
(MDG) in vogue. They assert that the dealership was terminated on the
basis
notice was issued to the
petitioner as per Clause 8.5.6 of the MDG and it was alleged that
manipulation of both ... clause 5.1.2./5.1.3 and 8.2(iii) and (iv) of MDG. It was further alleged
that tampering of W & M non-standard seal
22645/2022
the Dealership Agreement and the Marketing Guidelines effective from
8.1.2013 (MDG) for several minor, major and critical irregularities
reported by the two members ... provisions of any
Act, Rules, Terms & Conditions of Dealership and MDG. On 6.9.2022,
the hearing was held in the office of Executive Director
communications and to declare that the Marketing Discipline
Guidelines, May 2022 ('MDG', for brevity) do not have the force ... cause why action should not be
taken under clause 4.2 of the MDG. In response to Ext.P3, the
petitioner submitted
amended
from time to time read with Marketing Discipline Guidelines (MDG).
Dispensing Pump and Selling License "B"/Agreement (Annexure P/1)
3
contains ... guilty of adulteration in MS.
And relied upon Marketing Discipline Guidelines (MDG) and definition
as contained into it.
7. It appears that vide order dated
After allotment, the respondent issued Marketing
Discipline Guidelines (for short 'MDG') which came into effect
from 08.1.2013. The said guidelines would be applicable ... manual mode without authorization from the respondent. The
same being violative of MDG as per clause 5.1.16. The said
communication dated 27.1.2022 is duly produced
declaration that the
Marketing Discipline Guidelines, 2018 (hereinafter referred to as
"MDG") on the basis of which penalty was imposed as above ... cases were on
account of the violation of Chapter IV of the MDG. He
points out Clause 4.2(viii) and contends that a show
