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picture1_Oil Pdf 178102 | Indian Oil Corporation Ltd Ors V All India Petroleum Dealers Association Registered Ors 407507


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File: Oil Pdf 178102 | Indian Oil Corporation Ltd Ors V All India Petroleum Dealers Association Registered Ors 407507
www livelaw in in the high court of delhi at new delhi reserved on 24th november 2021 pronounced on 10th january 2022 lpa 24 2021 cm appl 1843 2021 stay ...

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                                                                     WWW.LIVELAW.IN
                                      
                                     $~ 
                                     *         IN  THE  HIGH  COURT  OF  DELHI  AT  NEW  DELHI 
                                      
                                     %                                                             Reserved on: 24th November, 2021 
                                                                                                 Pronounced on: 10th January, 2022 
                                      
                                     +         LPA 24/2021& CM APPL. 1843/2021(stay) 
                                               INDIAN OIL CORPORATION LIMITED  
                                               AND OTHERS                                                                         ..... Appellants 
                                                                              Through:             Mr. Tushar Mehta, Solicitor General 
                                                                              with  Mr.  Parijat  Sinha,  Mr.  Rudra  Dutta,                     
                                                                              Mrs.  Sanyukta  Gupta  and  Mr.  Akhil  Tewatia, 
                                                                              Advocates 
                                                                               
                                                                    Versus 
                                               ALL INDIA PETROLEUM DEALERS ASSOCIATION 
                                               REGISTERED AND OTHERS                                                              ..... Respondents 
                                                                              Through:             Mr. S. B. Upadhyay, Senior Advocate 
                                                                              with        Mr.        Rajesh          Mahale,           Advocate             for 
                                                                              Respondents No.1 and 2. 
                                                                              Mr.Ripudaman  Bhardwaj,  Central  Government 
                                                                              Standing  Counsel  with  Mr.Kushagra  Kumar, 
                                                                              Advocate for Respondent No.3. 
                                                                              Mr.  Siddharth  Luthra,  Senior  Advocate  with                
                                                                              Mr. G. Sivabala Murgan, Advocate for Intervener. 
                                                                              Dr.Pabitra  Pal  Chowdhury  and  Mr.  Kumar 
                                                                              Utkarsh,  Advocates  for  Intervener,  i.e.  North 
                                                                              Bengal Petroleum Dealers Association. 
                                      
                                     +         LPA 30/2021& CM APPL. 2389/2021 (stay) 
                                               INDIAN OIL CORPORATION  
                                               LIMITED AND OTHERS                                                                 ..... Appellants 
                                                                              Through:             Mr. Tushar Mehta, Solicitor General 
                                                                              with  Mr.  Parijat  Sinha,  Mr.  Rudra  Dutta,           
                                     LPA 24/2021 & connected matters                                                                                Page 1 of 82 
                                      
                                                            WWW.LIVELAW.IN
                                 
                                                                     Mrs.  Sanyukta  Gupta  and  Mr.  Akhil  Tewatia, 
                                                                     Advocates 
                                                                      
                                                            Versus 
                                 
                                         ALL HARYANA PETROLEUM DEALERS ASSOCIATION 
                                         REGISTERED AND OTHERS                                                    ..... Respondents 
                                                                     Through:          Mr.  Ripudaman  Bhardwaj,  Central 
                                                                     Government Standing Counsel with Mr.Kushagra 
                                                                     Kumar, Advocates for Respondent No.3. 
                                 
                                +        LPA 31/2021& CM APPL. 2392/2021 & 12432/2021 
                                         INDIAN OIL CORPORATION  
                                         LIMITED AND OTHERS                                                       ..... Appellants 
                                                                     Through:          Mr. Tushar Mehta, Solicitor General 
                                                                     with  Mr.  Parijat  Sinha,  Mr.  Rudra  Dutta,                
                                                                     Mrs.  Sanyukta  Gupta  and  Mr.  Akhil  Tewatia, 
                                                                     Advocates 
                                                                      
                                                            Versus 
                                 
                                         BIHAR PETROLEUM DEALERS ASSOCIATION  
                                         AND ANOTHER                                                              ..... Respondents 
                                                                     Through:          Mr.  Sanjoy  Ghose,  Senior  Advocate 
                                                                     with Mr. Anuj Aggarwal and Mr.Kumar Utkarsh, 
                                                                     Advocates for Respondent No.1. 
                                                                     Mr.  Ripudaman  Bhardwaj,  Central  Government 
                                                                     Standing  Counsel  with  Mr.Kushagra  Kumar, 
                                                                     Advocates for Respondent No.3. 
                                                                     Mr.  Narender  Hooda,  Senior  Advocate  with            
                                                                     Mr.  Shanth  Kumar  V.  Mahale,  Advocate  for 
                                                                     Interveners. 
                                 
                                          
                                         CORAM: 
                                         HON’BLE THE CHIEF JUSTICE 
                                         HON’BLE MS. JUSTICE JYOTI SINGH 
                                                                                        
                                LPA 24/2021 & connected matters                                                                                Page 2 of 82 
                                 
                                                                                WWW.LIVELAW.IN
                                            
                                                                               TABLE OF CONTENTS 
                                            
                                         S. NO.                                               CONTENTS                                                         PARA 
                                                                                                                                                            
                                             I.                                             SUMMARIUM                                                              1 
                                                                                                         
                                             II.                                                                                                            
                                                                                       FACTUAL MATRIX                                                              2 
                                                                                                         
                                                                                                                                                                     
                                            III.         ARGUMENTS CANVASSED BY LEARNED SOLICITOR                                                                    
                                                                 GENERAL APPEARING ON BEHALF OF THE                                                               11 
                                                         APPELLANTS IN ALL THE THREE LETTERS PATENT 
                                                                                                APPEALS 
                                                                                                         
                                                                                                                                                                     
                                            IV.                   ARGUMENTS CANVASSED ON BEHALF OF                                                                25 
                                                         RESPONDENT NO.1 AND 2 (ORIGINAL PETITIONERS) 
                                                                              IN ALL THE THREE APPEALS 
                                                                                                         
                                                                                                                                                                     
                                             V.            ARGUMENTS CANVASSED BY THE INTERVENORS                                                                 32 
                                                                                                         
                                                                                                                                                            
                                            VI.                                  REASONS AND ANALYSIS                                                             37 
                                                                                                         
                                                                                                                                                                     
                                          VI A.               CLAUSE 43 OF THE DEALERSHIP AGREEMENT                                                               38 
                                                                                                         
                                                                                                                                                            
                                          VI B.             CLAUSE 1.5 –OBSERVANCE OF STATUTORY AND                                                               52 
                                                                                   OTHER REGULATIONS 
                                                                                                         
                                                                                                                                                                     
                                          VI C.              CLAUSE 5.1.2–SHORT DELIVERY OF PRODUCTS                                                              61 
                                                                                                                                                                     
                                          VI D.                        CLAUSE 5.1.18–PAYMENT OF WAGES                                                             67 
                                                                                                         
                                          VI E.                                                                                                             
                                                                     CLAUSE 8.3 – MAJOR IRREGULARITIES                                                            71 
                                                                                                                                                                     
                                           VI F.              CLAUSE 5.1.14(b) – NON-PROVISION OF CLEAN                                                           83 
                                                                                              TOILET FACILITY 
                                                                                                         
                                                                                                                                                                     
                                           VII.                                             CONCLUSION                                                            86 
                                           LPA 24/2021 & connected matters                                                                                Page 3 of 82 
                                            
                                                                                WWW.LIVELAW.IN
                                            
                                                                                                       JUDGMENT 
                                           :           Per D. N. PATEL, Chief Justice 
                                           I.          SUMMARIUM 
                                           1.          Being aggrieved and feeling dissatisfied by  the common judgment 
                                           and order of the learned Single Judge passed in W.P.(C) No.10334/2017, 
                                           W.P.(C) No.10746/2017 and W.P.(C) No.11246/2017 dated 18.03.2020, 
                                           Appellants have preferred the present Letters Patent Appeals. Appellants, 
                                           herein, were Respondents No.2 to 4 respectively, in the writ Petitions. For 
                                           the sake of convenience, parties are being referred to hereinafter, by their 
                                           litigating status before this Court. The prime ground for challenge in the 
                                           present Appeals, inter alia, is that by the impugned judgement, the affect of 
                                           Amendment, notified in the year 2017, amending the Marketing Discipline 
                                           Guidelines,  2012  (hereinafter  referred  to  as  “MDGs”  for  the  sake  of 
                                           brevity), has been invalidated and nullified.  
                                           II.         FACTUAL MATRIX 
                                            
                                           2.          Appellants  herein,  being  Oil  Marketing  Companies  (hereinafter 
                                           referred to as “OMCs”), in the year 1981-82, for the first time, formulated 
                                           and issued the MDGs, for maintaining market discipline and uniformity in 
                                           action  for  operating  the  network  of  Petrol  and  Diesel  Retail  Outlets 
                                           (hereinafter referred to as “ROs”) under the OMCs.  
                                           3.          The MDGs were reviewed and amended from time to time, in view of 
                                           changing circumstances as well as to set high customer service benchmarks 
                                           for the OMCs as also the Dealers’ network.   
                                           4.          The MDGs were reviewed and amended again in the year 2012 and 
                                           MDG-2012 were issued and made effective from 08.01.2013.   
                                           LPA 24/2021 & connected matters                                                                                Page 4 of 82 
                                            
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...Www livelaw in the high court of delhi at new reserved on th november pronounced january lpa cm appl stay indian oil corporation limited and others appellants through mr tushar mehta solicitor general with parijat sinha rudra dutta mrs sanyukta gupta akhil tewatia advocates versus all india petroleum dealers association registered respondents s b upadhyay senior advocate rajesh mahale for no ripudaman bhardwaj central government standing counsel kushagra kumar respondent siddharth luthra g sivabala murgan intervener dr pabitra pal chowdhury utkarsh i e north bengal connected matters page haryana bihar another sanjoy ghose anuj aggarwal narender hooda shanth v interveners coram hon ble chief justice ms jyoti singh table contents para summarium ii factual matrix iii arguments canvassed by learned appearing behalf three letters patent appeals...

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