taken by the
Petroleum Companies (Company in short) to appoint
new retail outlet dealers in the respective areas,
inviting applications in this regard through
advertisements ... existing dealers should be
affected while granting NOC to the new retail
outlets in the area. Some of the writ petitioners
challenge the NOCs issued
terms and conditions between the Company and the retailer. Counsel also submitted that the retail outlets are only additional places of business of Company within ... Retail agents have to employ their own employees. Retailers are separate entities and are self-governing with rights and responsibilities and therefore the retail outlets
petroleum retail dealers. It was held by the Division Bench that
the OMCs should keep in mind the viability of new retail outlets ... petroleum
outlets near their existing outlets. The Division Bench also
directed to formulate guidelines imposing restrictions on
establishment of new petroleum outlets.
24. The judgment
filed
challenging the cancellation of selection process for allotment
of Petroleum Retail Outlets by Indian Oil Corporation Ltd.
2. The petitioner ... advertisement on 25.11.2018 inviting applications for
regular/rural retail outlet dealerships at various locations in the
State of Kerala and Mahe District of Union Territory
paramount contention advanced by the petitioner is that the retail
outlet is situated close to CMS Lower Primary School, in which 650 students
are studying ... petroleum retail outlet is permitted to be put up in the
property of the 6th respondent, the children of the school would be affected
materially
According to the learned senior
counsel, existing retail dealers accepted the dealership on
the representation that retail outlets are allotted taking
into consideration the demand ... their action vis a vis, the
retail dealers should pass the test of fairness.
Indiscriminate grant of retail outlet without reference to
the demand
plaintiff, is the dealer of the 1st
defendant Company for the Retail Outlet (hereinafter
referred to as "RO") conducted in the plaint schedule ... Company embarked upon
expanding their retail network with a view to locate
potential sites for setting up retail petrol outlets and for
that the advertisement
objecting to the establishment of a
Petroleum Retail Outlet by the Respondent No.11 in their
neighbouring property, having an extent of 22.80 Ares ... establish the outlet. They cannot challenge the establishment of the
outlet alleging violation of the MoRTH Guidelines after the
establishment of the outlet and access
M.Sainudheen vs State Of Kerala on 26 July, 2023
Author: T.R. Ravi
Bench
Respondent No.4/Oil Marketing
Company to establish a Petroleum Retail Outlet in a property
situated near to his property. The Respondent No.4 obtained ... Respondent
No.6/Service Co-operative Bank to establish the Petroleum
Retail Outlet as a dealer of Respondent No.4 in 12.14 Ares
