9911796707
TMI Blog2023 (10) TMI 952X X X X Extracts X X X X X X X X Extracts X X X X ..... troleum Dealers Association of Dadra & Nagar Haveli, with respect to 7 members, in relation to their business being conducted in the Union Territory of Dadra and Nagar Haveli. The grievance of the Petitioner is in regard to a security being insisted to be furnished by the Petitioner's members by way of a bank guarantee purportedly in terms of clause 41(a) as contained in the dealers agreement as entered between the members of the Petitioner and the Respondent-IOCL. 3. Mrs. Badheka, learned Counsel for the Petitioner, has submitted that the present dispute is not a contractual dispute. It is her contention that the dispute pertains to a statutory obligation, which is required to be complied by the dealer under the Central Sales Tax Act in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sonable, unjust and contrary to the requirements of only furnishing Security Deposit per clause 41(a) the distribution agreement. D. Pending the notice, admission, and final hearing of the matter, the Court be please to grant injunction restraining the Respondent Nos. 2 and 3 from insisting upon furnishing of Bank guarantee. E. Pending the notice, admission, and final hearing of the matter, the Court be pleased to restrain the Respondent Nos. 2 and 3 from stopping the supply of HSD and Petrol to the Petitioners and their members. F. Ex parte ad interim relief in terms of prayer (D) and (E) may kindly be granted. G. Such other writs as this Hon'ble Court may deem fit. H. Hearing of this Petition be expedited. I. The Petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h is caused between the parties although the relation between the parties is contractual in view of the statutory mechanism, which is in operation under the Central Sales Tax Act and, more particularly, in respect of release of Form C, which are required to be furnished by the Petitioner to the IOCL, to avail the benefit of the tax paid. The Petitioners are admittedly the dealers of the petroleum products as supplied by the Respondent IOCL. In our opinion, in the peculiar facts of the case, it would be appropriate that the statutory mechanism is required to be discussed between the parties and appreciated in its proper perspective so that the dispute in this regard as asserted in the present proceedings can be resolved amicably. 9. We also ..... X X X X Extracts X X X X X X X X Extracts X X X X
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