this order. This clause would show that the Corporation shall have the absolute right to revise the sales targets mentioned in that clause from time to time. The said clause further shows that in the event of the dealer not achieved the aforesaid minimum turnover at any point of time during three out of six consecutive months during the currency of the agreement, the Corporation shall be entitled, notwithstanding any acquiescence or waiver of that condition in respect of any one/more months and notwithstanding any other provisions contained in the agreement, to terminate the dealership agreement giving one month’s notice to the Dealer. It is to be noted that the 1st respondent/Corporation invoked the aforesaid Clause 9 to terminate the dealership agreement. In show cause notice dated 13.07.2007 the 1st respondent has, in tabular form, mentioned as to how the petitioner’s outlet failed to meet the sales targets of different oils and lubricants between December, 2006 and June, 2007. When the sales mentioned in the aforesaid table are juxtaposed with the targets mentioned in Clause 9, they would depict that the petitioner’s outlet failed to achieve the sales targets in respect of all types of oils and lubricants. For instance, the sales target for Motor Spirit for every month is 60 KLs. However, in between December, 2006 and June, 2007, the sales were far below ranging between 40 to 52 KLs. So also the target for HSD is 150 KL, whereas during December, 2006 to June, 2007, the sales were staggering between 4 to 20 KL. Therefore, there is no demur that the petitioner’s outlet failed to meet the required sales targets.
