Hindustan Petroleum Corporation Ltd. Appearance: MR. KM ANTANI(6547) for the Appellant(s) No. 1,2 MR ASIM J PANDYA(542) for the Respondent(s) No. 1 NOTICE SERVED BY DS(5) for the Respondent(s) No. 2,3,4 and HONOURABLE MR.JUSTICE BIREN VAISHNAV Date : 09/04/2019 ORAL ORDER (PER : HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE) 1. Heard learned counsel for the parties. 2. The challenge in this appeal, under Clause 15 of the Letters Patent, is to the below oral order dated 08.10.2018 passed by the learned Single Judge in Special Civil Application No. 5924 of 2018. "Heard learned advocate for the parties. RULE. Learned advocate Mr. Asim J. Pandya, waives service of Rule on behalf of the respondent No.1, 2 and 3. Though the learned Senior Advocate Mr. Kavina for Page 1 of 4 C/LPA/1523/2018 ORDER the petitioners has pressed for the interim relief as prayed for in the amended relief clause, the same could not be granted in view of the fact that the petitioners had already filed an appeal before the Appellate Authority under Clause No.8.9 of the Guidelines of 2012, as it stood then, and the order of the said appellate authority is under challenge in this petition. Hence, interim relief is refused. 3. Mr. Percy Kavina, learned Senior Counsel appearing with Ms. Garima Malhotra and Mr. Kanva Antani, learned advocates for the appellant has drawn our attention to the Amendment to Marketing Discipline Guidelines 2012 and Formation of Dispute Resolution Panel whereby clause 8.9 on 'Appellate Proceedings' of Marketing Discipline Guidelines 2012 came to be amended with immediate effect. The communication dated 03.08.2018 addressed by General Manager Incharge (Sales Coordination), RHQ to concerned dealer reads as under: "8.9 Appellate proceedings: 1. In case of termination arising out of invocation of MDG, the dealer will have the right to appeal within a period of 30 days from the date of receipt of order, before the Appellate Authority, through the concerned Divisional / Territory / Regional office of the Oil Marketing Company (OMC). The Appellate Authority is empowered to decide the matter and the appeal shall be disposed of preferably within 90 days from the date of filling the appeal in the Divisional / Territory / Regional office of the concerned Oil Marketing Company (OMC). 2. For all appeals in case of termination arising out of invocation of MDG, the Appellate Authority will be the Dispute Resolution Panel (DRP) nominated by the OMC. The Dispute Resolution Panel (DRP) will comprise of the following members: i) A retired Judge of the High Court Member 1. Page 2 of 4 C/LPA/1523/2018 ORDER ii) A retired Government servant who held post not below the rank of Joint Secretary in Govt. of India or equivalent rank Member 2. iii) A retired official of PSU Oil Marketing Companies who held the post not below the rank of Director Member 3. The Retired Judge of the High Court in the Committee will be the Chairperson. 3. The terminated dealer preferring appeal would be required to deposit Nonrefundable Appeal fee of Rs.5 lakhs along with their appeal to the concerned OMC. In case of SC/ST dealer, Rs.2 lakhs Nonrefundable Appeal fee is required to be paid along with their appeal.