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2025 DAILYLAW 28436 (RAJ)

M/S DUNDLOD INDIAN OIL FS (194925) v. THE INDIAN OIL CORPORATION LIMITED

CW/12663/2025 · 2025-08-27

Sameer Jain

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Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12663/2025 M/s Dundlod Indian Oil Fs (194925), Through Its Proprietor Smt. Shweta Devi Chokhani W/o Shri Lila Dhar Chokhhani, Aged About 47 Years, R/o Podar Gate, Nawalgarh, Jhunjhunu, Filling Pump Adress S.h-8, Jaipur Loharu Road, Dundlod, Jhunjhunu- 333702 (Rajasthan). ----Petitioner Versus 1. The Indian Oil Corporation Limited, Through Its Chairman-Cum- Manging Director, Registered Office G-9, Ali Yavar Marg, Bandra (East), Mumbai-40051. 2. Indian Oil Corporation Limited Jaipur, Through Its Divisional Retail Sales Head, Jaipur Divisional Office, First Floor, Lic Investment Building, Phase-Ii, Near Ambedkar Circle, Bhawani Singh Road, Jaipur. 3. Indian Oil Corporation Limited Jaipur, Through Its Assitant Manager-Rs, Jhunjhunu. ----Respondents For Petitioner(s) : Mr.Banwari Lal Sharma Mr.Namo Narayan Sharma For Respondent(s) : Mr.Vikram Singh for Mr.Suruchi Kasliwal HON'BLE MR. JUSTICE SAMEER JAIN Judgment 27/08/2025 By way of present petition, the petitioner has challenged the Annexure – 22 with reference to termination of dealership qua Dundlod Indian Oil Filling Station (SAP Code – 194925) vide order dated 07th August, 2025. Learned counsel for the petitioner has submitted that statutory period of appellate right granted by the respondents themselves, is 30 days the receipt of the order. (2 of 2) [CW-12663/2025] It is also submitted that on one hand, the order is giving a time of 30 days from the date of receipt of order and on the other hand, it is frustrating the same by executing the order within a period of 15 days, as reflected at page 169. Learned counsel has relied upon the judgment passed by Andhra Pradesh High Court in the case of Kasturi Petroleums Vs. The Union of India & Ors. [2024 Supreme (AP) 367]. Learned counsel for the respondents has marked appearance as Caveator and submitted that there is an alternate efficacious remedy and writ petition is not maintainable. In the facts and circumstances of the case and considering the admission of the respondents in the impugned order itself, reflected at page 169 that time for preferring appeal is 30 days from the date of receipt of order to the specified address, this Court directs that till filing of appeal within the specified time, there shall be no execution of impugned order dated 07th August, 2025. This Court also directs that the concerned authority to decide the appeal within a period of 30 days from the date of its filing and till then, order dated 07th August, 2025 shall not be made operative. It is also made clear that the observations made above, are not on merit and shall not prejudice either of the parties. With the aforesaid, the present petitions stands disposed of. Stay application and/or any other pending applications also stand disposed of. (SAMEER JAIN),J Preeti Asopa / 141