On the undertaking to pay Rs. 30 lakhs and reopen the outlet, the Court directed the Respondents to revoke the termination notice. It was clarified that the petitioner remains bound by Clause 23 of the Dealership Agreement regarding rental and other expenses.
Respondents directed to revoke the termination letter dated 29.12.2023.
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M/S ASSOCIATES TRADING COMPANY
..... Petitioner
Through: Mr. Vaibhav Gaggar, Mr. Rohit Rathi, Mrs. Monica Lakhanpal Gaggar, Mr. Yashas R.K., Mr. Prerak Khurana and Ms. Shefali Munde, Advocates.
versus
INDIAN OIL CORPORATION AND ANR. ..... Respondents Through: Ms. Mala Narayan, Mr. Shashwat God and Ms. Isha Ray, Advocates for R-1. Mr. Vijay Joshi and Mr. Mohit Joshi, Advocates for R-2.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 09.01.2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 13:04:41
Clause 23 of the said Agreement provides that the Dealer shall be solely responsible and shall bear all expenses of and in connection with the dealership business, including administration of office, insurance premia, wages, salaries, employment benefits payable to all the persons allotted by the Dealer and the telephone rents, license or other fees, ground rent, etc.
SUBRAMONIUM PRASAD, J
JANUARY 9, 2024 Rahul
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 13:04:41
2 issues framed by the court
Whether the termination of petrol pump dealership can be revoked upon undertaking to pay dues and reopen outlet.
Whether the petitioner is bound by the rental payment obligations under Clause 23 of the Dealership Agreement.
M/S ASSOCIATES TRADING COMPANY
INDIAN OIL CORPORATION
SUBRAMONIUM PRASAD
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
