dated 1st August 2005 issued by the Government of India, provides that apart from oil company officials, mobile labs and ‘agencies authorized by oil companies’ were permitted to draw samples. (v) It was in furtherance of such guidelines that vide Circular dated 3rd November 2006 the Agency was appointed to carry out audits and Market Tests. (vi) The provisions of the Control Order do not apply to the present case as the respondent is not prosecuted for its violation and instead, the Agreement stands terminated for breach of the terms and conditions of the Agreement. 5 MDG 5(vii) It is also submitted that Clause 8 of the Control Order makes clear that there is no bar to appoint an outside agency to conduct the Marker Test. (viii) Reliance is placed on Indian Oil Corporation Ltd. v. R.M. Service Centre6, and more specifically para 14 thereof. B. Respondent (i) The MDG are issued under Section 3 of the Essential Commodities Act, 1955 and therefore possess statutory force. The suspension