SENIOR REGIONAL MANAGER (RETAIL) HINDUSTAN PETROLEUM CORPORATION LTD Vs. VIRENDRA KUMAR DHURVE AND OTHERS

JUDGEMENT

(1.) Challenge in the present appeal is to an order passed by the learned Single Bench on 22.3.2017 in Writ Petition No.6274/2016, wherein a direction was issued to the appellant to take appropriate steps for advertising the Retail Outlet dealership at village Khoont, District Seoni by taking recourse to law afresh within a period of four months.

(2.) As per appellant, respondent No.4 was earlier a Retail Outlet dealer, but his dealership licence was cancelled on 20.3.2015. Thereafter, as per the guidelines, the dealers from the neighbouring districts were called upon for grant of ad-hoc Retail Outlet dealership. Earlier M/s Ram Petroleum was granted ad-hoc dealership, but he withdrew his consent for running a Retail Outlet. Consequently, Retail Outlet was allotted to M/s Gujarat Gasoline on 9.10.2015. Such M/s Gujarat Gasoline got Retail Outlet dealership licence on 30.3.2016. It is argued that in terms of the Guidelines, an ad-hoc dealership is for a period of one year but it can be renewed for a period of another one year. Therefore, it is contended that the appellant could not allot Retail Outlet dealership, therefore, the appellant operated dealership which is being executed by appointing ad-hoc dealership. It is pointed out by the learned counsel for the appellant that thereafter, on 7.2017 and 24.4.2017, offers were made to pending Letter of Intent holders, but none came forward to run dealership of the Retail Outlet in question. Therefore, the appellant had no option but to continue with the ad-hoc Retail Outlet dealership and that since the company is not able to find an appropriate dealer, the appellant has to engage ad-hoc Retail Outlet dealer.

(3.) We find the stand of the appellant to be wholly untenable. As per Clause 9 of the Guidelines, the tenure of an ad-hoc dealership is one year or till a regular dealer is selected, whichever is earlier. There is a clause to renew the dealership period by another one year, but under no circumstances, the contract can be for more than two years. The relevant clause is as under:-