On a number of occasions, samples of the appellant were tested by the respondent Corporation and on each occasion its samples were found to be as per the specifications.
The samples were drawn and tested as per the procedure laid down and on the receipt of the results indicating the adulteration of products.
Not following the specifications and companyducting of the RON Test was essential for testing the quality and the specification of the ULP for meeting specifications of the Motor Spirit.
The respondent Corporation denied that the action initiated against the appellant was in any manner mala fide or manipulated for grabbing the business outlet on the false pretext.
The respondent Corporation referred to clause 10 g of the DPSL Agreement dated 28.1.1971 which reads thus Not to adulterate the Petroleum products supplied by the Company and at all times to take all reasonable precautions to ensure that the Motor Spirit or H.S.D. is kept free from water, dirt and other impurities and served from the pumps in such companyditions.
The respondent Corporation also submitted that reliance cannot be placed upon the Report submitted by the IIP Dehradun as the tests companyducted by them do number companyply the specifications laid down by the Bureau of Indian Standards.
The said sample was sent much after the incident of adulteration and the same is number in accordance with the MS HSD Control October, 1998 issued by the Government of India.
Moreover, the IIP, Dehradun did number companyduct the RON Test.
In the rejoinder affidavit, the appellant reiterated its submissions mentioned in the petition and denied the allegations levelled in the companynter affidavit.
According to the respondent, the report submitted by the IIP, Dehradun is sacrosanct.
Thus, the action companytemplated under the provisions of the DPSL Agreement dated 28.01.1971 was taken.
Dalveer Bhandari, J. Leave granted.
This appeal is directed against the judgment dated 11th August, 2009 delivered in Letters Patent Appeal No.296 of 2009 by the Division Bench of the High Court of Delhi upholding the judgment dated 6th May, 2009 passed by the learned Single Judge in Writ Petition Civil No.2927 of 2005.
