LAWS(JHAR)-2018-10-16

HINDUSTAN PETROLEUM CORPORATION LTD THROUGH ITS CHIEF REGIONAL MANAGER Vs. CHIEF REGIONAL MANAGER, H P C L

Decided On October 03, 2018
Hindustan Petroleum Corporation Ltd Through Its Chief Regional Manager Appellant
V/S
Chief Regional Manager, H P C L Respondents

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred by respondent no.1 in W.P.(C) No. 2068 of 2009, which was preferred by present respondent no.3 (original petitioner). The writ petition was allowed by the learned Single Judge vide judgment and order dated 6th September, 2012 mainly on the ground that the samples of Petrol drawn from the Petrol Pump of respondent no.3 while sending them were different than what is given in the report of the laboratory. On this ground alone, the writ petition was allowed.

(2.) Having heard learned counsels for both the sides and looking to the facts and circumstances of the case, it appears that the samples of Diesel and Petrol were drawn by the Inspecting Team of this appellant from the Petrol Pump of respondent no.3 as on 31st December, 2008.

(3.) So far as samples of Diesel are concerned, it was found in consonance with the norms whereas so far as samples of Petrol are concerned, there was deviation in the boiling point etc. and, hence, we are only concerned with the samples of Petrol.