A writ appeal against an order dismissing a writ petition challenging a show cause notice for regulatory violations by the appellant dealer. The Court rejected allegations of mala fides and dismissed the appeal, noting the notice was for a personal hearing and statutory remedies remain open.
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W.A.No.1727 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM
THE HON'BLE Mr. JUSTICE S.S.SUNDAR AND THE HON'BLE Dr. JUSTICE A.D.MARIA CLETE
W.A.No.1727 of 2022 AND C.M.P.Nos.12417 & 12419 of 2022
M/s.Sakthi Fuels Indian Oil Dealer Rep. by its Partner Ramakrishna Road Salem 636 007 .. Appellant Vs. 1.The Deputy General Manager (RS) Indian Oil Corporation Limited Marketing Division Salem Divisional Office No.234, 1st Floor, NH-7 Salem Bangalore Bye-pass Road Kondalampatti, Salem 636 010 2.The Chairman & Managing Director Indian Oil Corporation Limited Indian Oil Bhavan Regd. Office G/9, Ali Yavar Jung Marg Bandara (East), Mumbai 400 051 3.T.Palanikumar, DGM (RS) Indian Oil Corporation Limited Salem Divisional Office No.234, 1st Floor, NH-7 Salem Bangalore Bye-pass Road Kondalampatti, Salem 636 010 .. Respondents
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W.A.No.1727 of 2022
Writ Appeal filed under Clause 15 of the Letters Patent Act, against the order dated 06.04.2022 passed by the learned Single Judge in W.P.No.25601 of 2018.
| For Appellant | : Mr.S.Prabakar |
|---|---|
| Senior Counsel for Mr.M.R.Jothimanian |
|
| For RR1 and R2 | : Mr.Abdul Saleem |
| Senior Counsel | |
| Assisted by Mr.M.Vijaya Mehanath | |
| For R3 | : No appearance |
J U D G M E N T
(Delivered by S.S.SUNDAR, J.)
This writ appeal is directed against the order dated 06.04.2022 passed by
the learned Single Judge in W.P.No.25601 of 2018, dismissing the writ petition filed by the appellant challenging the show cause notice dated 19.09.2018.
respondents Oil Corporation, was issued with a show cause notice alleging certain violations by the respondents Oil Corporation on 11.04.2018 and the appellant submitted its reply. Thereafter, another notice dated 19.09.2018 impugned in the writ petition was issued to the appellant, alleging that it has violated Regulation 8(6) of the guidelines giving a personal hearing to the
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W.A.No.1727 of 2022
appellant. The learned Single Judge dismissed the writ petition holding that the impugned notice was issued to the appellant for personal hearing and the
appellant cannot have any grievance over the same, challenging which, this writ appeal is preferred.
Index : Yes/No
W.A.No.1727 of 2022
Neutral Citation : Yes/No gya
S.S.SUNDAR, J. AND A.D.MARIA CLETE, J.
gya
W.A.No.1727 of 2022
25.10.2024
1 issue framed by the court
Whether the show cause notice suffers from predetermination and mala fides?
1 provisions across 1 enactments
M/s.Sakthi Fuels Indian Oil Dealer Rep. by its Partner Ramakrishna Road Salem 636 007
The Deputy General Manager (RS) Indian Oil Corporation Limited Marketing Division Salem Divisional Office
The Chairman & Managing Director Indian Oil Corporation Limited Indian Oil Bhavan Regd. Office
T.Palanikumar, DGM (RS) Indian Oil Corporation Limited Salem Divisional Office
S.S.SUNDAR
A.D.MARIA CLETE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
