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Bombay High Court
Ms Jai Hind Hp Gas Nd Through Its ... vs Hindustan Petroleum Corporation on 13 May, 2026
Digitally signed
by MULEY
SHUBHAM
MULEY PRAVINRAO
SHUBHAM Date:
PRAVINRAO 2026.05.13
1 21-WPL-16650-2026.doc
21:16:36
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 16650 OF 2026
Ms Jai Hind Hp Gas Nd Through Its
Proprietor Smt Nazma Sahanarul Mondal ...Petitioner
Versus
Hindustan Petroleum Corporation & Ors. ...Respondents
-----------------
Mr. Subir Kumar a/w Vaishnavi Pawar, Ashita Aggarwal and Ankush Rai
i/by SDS Advocates for the Petitioner.
Mr. Pralhad Paranjape a/w Rahul Punjabi, Shweta More and Ishan Shroff
for the Respondents.
-----------------
CORAM : ADVAIT M. SETHNA AND
SANDESH D. PATIL, JJ.
DATED : 13 MAY, 2026
(VACATION COURT)
P.C.:-
1. Heard learned counsel for the parties. Issue Notice, returnable on 22
June 2026. Mr. Paranjape waives service for Respondent Nos.1 and 2.
2. The Petitioner by the present Petition has challenged the Impugned
Letter dated 5 May 2026 as well as the show cause notice dated 10 April
2026 which is issued by Respondent No.2. Mr. Kumar, learned counsel for
the Petitioner has drawn our attention to the letter dated 5 May 2026
(Exhibit A). By the said letter the Respondent No.2 has directed
discontinuance of the Distributorship Agreement, Clause 12 and 28(A) till a
favourable communication from the concerned authorities.
3. The Petitioner is aggrieved by this communication and hence moved
on ground of urgency. Mr. Kumar would submit that the Petitioner is an
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authorised dealer of HPCL operating under a Distributorship Agreement
since 19 October 2022.
4. Mr. Paranjape, learned counsel for the Respondents has drawn our
attention to a communication dated 8 May 2026, which is taken on record.
It appears that the action against the Petitioner by the communication dated
5 May 2026 has been taken pursuant to an FIR No.0249 lodged on 10 April
2026.
5. On hearing the parties, we direct the Respondent Nos.1 and 2 to file
their Affidavits-in-Reply to the Petition. Such replies shall be filed with an
advance copy served to the leaned counsel for the Petitioner on or before 8
June 2026. Liberty to the Petitioner to file a rejoinder within a period of one
week thereafter.
6. It prima facie appears that the impugned action against the Petitioner
has been taken pursuant to the FIR dated 10 April 2026, which would take
its own course in accordance with law. In the meantime by way of ad-
interim relief, we direct the Respondents-authorities to immediately
commence the refill load to the distributor, under the Distributorship
Agreement (supra).
7. List the Petition for further consideration on 22 June 2026.
8. All concerned to act on an authenticated copy of this order.
[SANDESH D. PATIL, J.] [ADVAIT M. SETHNA, J.]
