GUPTA FILLING STATION Vs. UNION OF INDIA

JUDGEMENT

(1.) Through the medium of this writ petition, the petitioner is seeking quashing of notice dated 14.01.2016 issued to Ms. Shakun Mahajan, Proprietor M/s. Gupta Filling Station, HPCL Retail Outlet, Sungal Morth Akhnoor, by the Chief Regional Manager and duly constituted attorney, Hindustan Petroleum Corporation Limited, respondent No.2 herein, wherey her dealership for retail sale of petroleum products came to be terminated with immediate effect

(2.) Petitioner herein, namely, Mukesh Gupta, claimed in this petition that aforementioned Dealership for retail sale of petroleum products was allotted to one Ms. Shakun Mahajan by virtue of Memorandum of Agreement dated 30.06.2006. It is averred that on 18.01.2012 said Shakun Mahajan moved an application before respondent No.2 that she wanted to run the said business in partnership with one Mukesh Gupta, petitioner herein, and that the Company conveyed it's no objections and accepted the proposal. It is averred that thereafter certain disputes were raised by the Company, which were referred to Arbitrator Sh. Dev Raj Sharma, respondent No.4 herein, for adjudication. Further, it is averred that the arbitrator vide his award dated 25.03.2015 allowed the claim of Ms. Shakun Mahajan holding that the notice issued by the Company is bad. It is further averred that during the pendency of application for enforcement of award as a decree, pending in the Court of Additional District Judge, Jammu, Company-respondent No.2 herein issued the impugned notice dated 14,01.2016 terminating the dealership of Ms. Shakun Mahajan with immediate effect. Hence, the present petition.

(3.) Objections have been filed on behalf of respondent No.2 averring therein that the Dealer Ms Shakun Mahajan by concealment and deceit indulged in trade and business while in Government service as a Lecturer in the Education Department, thus violated Clauses 44 and 45 of the Dealership Agreement, beside guilty of misconduct as defined in Rule 10 of J&K Employees Conduct Rules, 1971. Further, it is averred that Mr. Mukesh Gupta, petitioner herein, was never approved as partner of Gupta Filling Station. Further, it is averred that after termination of the Dealership Agreement, license of pencil pump was revoked and one Manjit Singh, Proprietor M/s. Jhandu Filling Station, Akhnoor has been appointed as ad hoc dealer vide order dated 15.01.2016 and pump site along with super structure and other assets has also been handed over to him, who has been working since then.