Hon'ble Sanjay Kumar Pachori,J.
Heard Shri Namit Srivastava, learned counsel for the petitioner and Shri Ritu Raj Singh, learned counsel for the respondents.
Present petition has been preferred assailing the validity of the order/letter dated 27.11.2020 passed by second respondent-Chief Divisional Retail Sales Manager, Divisional Office, Gorakhpur terminating the dealership of the petitioner and giving option to the petitioner to challenge the termination letter by filing appeal within 30 days from the date of the letter along with Rs.5 lacs fee.
One of the ground to challenge the order impugned is that since the appeal itself is liable to be instituted in terms of the Marketing Discipline Guidelines 2012, the same could not be subjected to condition of pre-deposit of Rs.5 lacs.
Learned counsel for the petitioner submits that similar controversy has earlier been raised before this Court in Writ-C No.29915 of 2018 (Awagarh Krishi Sewa Kendra & Ors. v. Bharat Petroleum Corporation Ltd. & Ors.), wherein this Court relying on the order dated 4.9.2018 passed in Writ-C No.28671 of 2018 (M/s Raj Tilak Krishi Sewa Kendra v. Hindustan Petroleum Corporation Ltd. & Ors.) has allowed the writ petition vide order dated 10.9.2018, quashed the impugned demand requiring pre-deposit and directed the Corporation to accord consideration to the appeal of the petitioner without insisting upon a pre-deposit as per the amended Marketing Discipline Guidelines, 2012. As such it is submitted that similar indulgence may also be accorded in this writ petition also.
So far as factual and legal aspects are concerned, the same could not be disputed by learned counsel for the respondents.
In the aforesaid facts and circumstances, we are of the considered opinion that the order impugned requiring pre-deposit of Rs.5 lacs cannot sustain and is accordingly set aside. In case any appeal is preferred within ten days, the appellate authority would consider the same without insisting upon pre-deposit as per amended Marketing Discipline Guidelines, 2012 and the appeal shall also be treated well within time. It is made clear that the Court has not expressed any opinion on merits of the issue.
The writ petition stands disposed of accordingly.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 19.1.2021 SP/