To

DGM (Retail Sales)

Jodhpur Divisional Office

Subject- In response to your letter JDH/RR/FF/MOHD SHAFI &

SONS received dated 18.12.2019

Dear Sir,
Under the instructions of my client M/s Mohd.Shafi& Sons I am
sending the reply to your aforementioned letter. My client has been
running its petrol pump since 1961. Initially my client were the
dealers of IBP Company and they were entered into contract since
then, which was subsequently merged into IOCL in 2007 and
contract which we entered with earths while company was
continued with IOCL also with the consent of both the parties . It is
for the first time we received such letter of discrepancy of the
dealership agreement.
Also,It is not out of place to mention here that the lease of the land in
question has already been expired in way back year 2011and
thereafter continuous efforts were made by the company to renew
the lease but due to offering very low rent by IOCL the
aforementioned lease had not been renewed so far hence we can
safely say that there is no lease agreement/rent agreement pertains
to the land and premises exists in present so there is no question
arises for invocation of clause no 35 & 45 A of the agreement which
was entered into my client and IOCL in the year 2014. Hence the
clause 35& 45A have no applicability in the case of my client.
The loan was taken from Gruh Finance & after a certain period of
time some disputes were arises between us and Gruh finance (Now
Bandhan Bank). The dispute was challenged by us in DRT, Jaipur
having case no. SA 165/2018 (Mohd. Zaki v/s GruhFinanace). The
case is still pending . And My client also challenge the order of
finance company before Hon’ble High Court at Jaipur bench having
case No. CW/17090/2019 through a writ Petition which is also
pending consideration of the Hon’ble court.

Further, as you aware that to vacant the pump premise, we have

filled a civil suit against the Indian Oil Corporation Ltd in the court
17-ACJ(JD) & MM No. 1 having case no. 505/2019 filed on
13.05.2019. the case is still pending in court.
My client have not violated the either clause 35 or 45A of the
agreement . And the dispute pertains to Bandhan bank (merged with
Gruh Finance) is seprate issue which is pending consideration of the
courts and my client is also trying very hard to settle it down with
Bandhan Bank and more so party alien to dealership agreement has
no right to request you to stop the supply of MS.

We have not defaulted with the dealership agreement. We are one of

the oldest dealer and we never intend to do such discrepancy.
Thank You.

Yours Faithfully

For Mohd.Shafi& sons

BhanuPratapBohra
Advocate