In the High Court of Punjab and Haryana at Chandigarh L.P.A. No. 814 of 2011(O&M) Date of Decision: August 16, 2011 Pawan Kumar ---Appellant versus M/s Indian Oil Corporation Limited and another ---Respondents Coram: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE GURDEV SINGH *** Present: Mr. Rakesh Gupta, Advocate, for the appellant Mr. Ashish Kapoor, Advocate, for the respondents. *** 1. To be referred to the Reporter or not? 2. Whether the judgment should be reported in the Digest? M.M.Kumar, J. 1. The instant appeal under Clause X of the Letters Patent is directed against judgment dated 21.4.2011 rendered by learned Single Judge holding that the basis of the cancellation order for allotment of retail outlet for petroleum products is the false affidavit given by the appellant to the respondents. The argument of the appellant before us as it was before the learned Single Judge, is that for selection of petrol, diesel outlet dealership during the year 2010 Clause 18(B) of the Indian Oil Corporation Limited's brochure provides for grant of an opportunity to an allottee at the time of L.P.A. No. 814 of 2011(O&M) -2- investigation of the complaint. However, the learned Single Judge has found that the facts pleaded before him were seriously disputed by the respondents. The situation before us is also similar and there is no way ahead to reach a definite determination of facts. For example, the appellant has attached affidavit of one Baladeen dated 6.10.2009. In investigation by the respondents, it has been found that the signatures of Baladeen on his driving licence are different than the one which has been shown on the affidavit produced by the appellant with his application from. Similar is the position in respect of other aspects. It is not possible for us to reach a definite conclusion in respect of the aforesaid affidavit which can more appropriately to be adjudicated in a civil suit. Therefore, we agree with the conclusion reached by he learned Single Judge that the parties should be relegated to the remedy of a civil suit. However, we make it clear that any observation made in his order shall not be construed as an expression of opinion on the merits of the case and civil court shall decide the issue without being influenced by any of the aforesaid observation. 2. Dismissed. (M.M.KUMAR) JUDGE (GURDEV SINGH) JUDGE August 16, 2011 PARAMJIT