INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION REP. BY ITS SENIOR DIVISIONAL RETAIL SALES MANAGER Vs. SRI KRISHNA FILLING STATION, INDIAN OIL DEALERS REP. BY ITS PROPRIETOR, S.V. RAMA REDDY

JUDGEMENT

(1.) This writ appeal is directed against the order dt. 9.6.2011 passed by the Hon'ble Single Judge in W.P. No. 6925 of 2009. The writ petition was filed by the respondent herein questioning the order of the appellant-Indian Oil Corporation bearing No. VR/494, dt. 24.3.2009 by which the Corporation levied penalty of Rs. 1,00,000/- on the respondent-writ petitioner and suspended sales and supplies of all products for 30 days from 24.3.2009 to 23.4.2009 to the writ petitioner on the ground of selling Off-Spec lubricants by it.

(2.) It appears to us that under the Guidelines of the appellant-Corporation, if it is found that any dealer is selling the lubricants which are not in accordance with the specification, penal action has been provided for such irregularities/malpractice at the retail outlets of the said Corporation.

(3.) At the time of hearing, the Hon'ble Single Judge found that the writ petitioner has already paid the penalty part and more than two years elapsed since the date of the impugned order. His Lordship therefore disposed of the writ petition by permitting the appellant-respondent-Corporation to retain the sum of Rs. 1,00,000/-deposited by the respondent-writ petitioner in terms of the interim order of this Court directing it not to give effect to the order of suspension of sales, as directed in the impugned order in the writ petition. Being aggrieved, this appeal has been filed by the Corporation.