WPMS/398/2022
2022 Latest Caselaw 529 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
        ON THE 4TH DAY OF MARCH, 2022
                        BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

     Writ Petition (M/S) No. 398 of 2022
BETWEEN:

M/s Bhagirathi Petroleum                ... Petitioner
     (By Mr. Ramji Srivastava, Advocate)

AND:

Indian Oil Corporation Ltd.
& another                               ... Respondents

     (By Mr. V.K. Kohli, Senior Advocate assisted by Mr. Kanti
     Ram Sharma, learned counsel for the respondents)


                       JUDGMENT

1. Petitioner is aggrieved by the order dated 22.02.2022 passed by Divisional Retail Sales Head, Indian Oil Corporation, Dehradun, whereby petitioner's dealership was terminated. Petitioner has challenged the said order on various grounds.

2. Mr. V.K. Kohli, learned Senior Advocate appearing for the respondents, however, submits that petitioner has a remedy of filing appeal before the Appropriate Authority under Rule 8.9 of the Marketing Discipline Guidelines, 2012.

3. Since termination order also mentions that petitioner can file appeal against the said order before the Appropriate Authority, therefore, this Court is not inclined to entertain this writ petition. Accordingly, the writ petition is dismissed on the ground of alternative

remedy with liberty to the petitioner to approach the Appropriate Authority. This Court hopes and expects that if petitioner files appeal within limitation period, the Appropriate Authority shall make every endeavour to decide the same within the period stipulated in Clause (1) of Rule 8.9 of the Marketing Discipline Guidelines.

(Manoj Kumar Tiwari, J.) Aswal