Calcutta High Court (Appellete Side)
Ashok Kumar Choraria vs Hindustan Petroleum Corporation ... on 29 September, 2021
6 to 9.
29.09.2021
S.D.
WPA 23055 of 2019
With
CAN 1 of 2020
(Old No. CAN 140 of 2020)
With
CAN 2 of 2020
(Old No. CAN 187 of 2020)
With
CAN 3 of 2020
(Old No. CAN 3499 of 2020)
with
CAN 4 of 2020
(Old No. CAN 3501 of 2020
Ashok Kumar Choraria
Vs.
Hindustan Petroleum Corporation Ltd. & Ors.
With
WPA 23061 of 2019
With
CAN 1 of 2020
(Old No. CAN 144 of 2020)
With
CAN 2 of 2020
(Old No. CAN 198 of 2020)
With
CAN 3 of 2020
(Old No. CAN 3488 of 2020)
With
CAN 4 of 2020
(Old No. CAN 3490 of 2020)
M/s. Tasveer Sohi
Vs.
Indian Oil Corporation Ltd. & Ors.
With
WPA 23065 of 2019
With
CAN 1 of 2020
(Old No. CAN 201 of 2020)
2
With
CAN 2 of 2020
(Old No. CAN 3484 of 2020)
With
CAN 3 of 2020
(Old No. CAN 3485 of 2020)
M/s. G.K. Enterprises
Vs.
Indian Oil Corporation Ltd. & Ors.
With
WPA 23181 of 2019
With
CAN 1 of 2020
(Old No. CAN 127 of 2020)
With
CAN 2 of 2020
(Old No. CAN 268 of 2020)
With
CAN 3 of 2020
(Old No. CAN 3496 of 2020)
With
CAN 4 of 2020
(Old No. CAN 3497 of 2020)
Radhika Associates
Vs.
Indian Oil Corporation & Ors.
Mr. Sirsanya Bandyopadhyay
Mr. Arka Kumar Nag
Mr. Soham Kumar roy
Ms. Deboleena Ghosh
Mr. Rahul Kumar Singh
....for the petitioners in all
Writ applications.
Md. T.M. Siddiqui
Mr. N. Chatterjee ....for the State in
WPA 23055 of 2019
WPA 23061 of 2019
Md. T.M. Siddiqui
Mr. D. Ghosh .......for the State in
WPA 23065 of 2019
3
WPA 23181 of 2019
Mr. M.S. Yadav
...for the Indian Oil Corporation in
WPA 23061 of 2019
WPA 23065 of 2019
WPA 23181 of 2019
Mr. Prasun Mukherjee
Mr. Deepak Agarwal
...for the H.P.C.L. in
WPA 23055 of 2019
All these groups of writ petitions are being clubbed
together as common issues are involved and by a common
judgment they can be disposed of.
At the outset, Mr. Sirsanya Bandyopadhyay, learned
counsel for the petitioners points out that a Coordinate Bench
has decided similar matter which is being governed by a
decision of the Division Bench of this Hon'ble Court passed in
M.A.T. 487 of 2020 (CAN 4418 of 2020, CAN 4420 of 2020) vide
order dated 24.8.2020 and M.A.T. 488 of 2020 and straight way
relied on the observations and findings including concluding
portion of the decision appearing from page 6 and the same is
reproduced hereunder for profitable consideration.
"The appellant will be entitled to take
physical verification to verify the quantum of
investment if the appellant finds any glaring
error in the inquiry conducted by the DIC, it
will be entitled to bring such perceived error to
the notice of DIC for appropriate action in
accordance with law. Thus, the relevant DIC in
this case will physically verify the quantum of
investment and other particulars which had
4
been furnished by the writ petitioner at the time
that it applied for its certification as a micro or
small enterprise. The verification will be
conducted on the basis of the rules that
obtained at the time the application was made
and not by the present rules. Upon conduct of
such verification, the relevant DIC will call
upon the writ petitioner to either amend its
memorandum or cancel its memorandum or
require it to take no action at all. However, a
written communication in such regard must be
issued by the relevant DIC to the writ petitioner
within six weeks from date.
For a period of eight weeks from date, no
coercive action will be taken by the appellant to
terminate the contract subsisting in favour of
the writ petitioner. The writ petitioner will be
obliged to forward the communication received
from the relevant DIC, consequent upon the
inquiry being conducted, within a week of the
receipt thereof to the appellant. The appellant
will be entitled to take appropriate action
thereupon in accordance with law.
The learned Additional Advocate General
has submitted that the DIC does not have
resources or ample manpower to carry out the
physical verification in all cases and has drawn
our attention to the observation made by a co-
ordinate Bench in the order dated 14th August,
2020 in which the Hon'ble Division Bench
observed that since the physical verification in
the said case was directed, as a one-off-case, to
be conducted by the DIC, the appellants in that
matter would not thereafter conduct any
physical verification of the quantum of
investment or other particulars pertaining to
the writ petition. The learned Additional
Advocate General has no objection in the event
the appellants conduct physical verification and
submit a report to the DIC.
Mr. Bandyopadhyay, learned Advocate for
the respondent No.1/writ petitioner, however,
submits that no jurisdiction shall be conferred
on the appellants as under the scheme of
things it is for the DIC to carry out such
inspection, which however has been opposed by
Mr. Majumder.
In view of the aforesaid submission, we
permit the appellants to conduct physical
verification to verify the quantum of investment.
If the appellants find any glaring error initially
conducted by the DIC, it would be entitled to
bring such perceived errors to the notice of the
DIC to take appropriate action in accordance
with law and upon notice to the respondent
No.1.
We make it clear that by this order, we
have not conferred any jurisdiction upon the
appellants with the duties of the DIC but it is
only to facilitate the DIC if the occasion arises
to arrive at a proper finding."
Learned Counsel for the Oil Company also relied on the
said decision of Division Bench of the Hon'ble Court, aforesaid
and submits for similar direction.
Having heard learned counsel for all the parties and
having regard to the decision of the Division Bench of this
Hon'ble Court, the writ applications being WPA 23055 of 2019
and the applications being CAN 1 of 2020 (Old No. CAN 140
of 2020), CAN 2 of 2020 (Old No. CAN 187 of 2020), CAN 3 of
2020 (Old No. CAN 34699 of 2020) and CAN 4 of 2020 (Old
No. CAN 3501 of 2020), WPA 23061 of 2019 and the
applications being CAN 1 of 2020 (Old No. CAN 144 of 2020),
CAN 2 of 2020 (Old No. CAN 198 of 2020), CAN 3 of 2020 (Old
No. CAN 3488 of 2020) and CAN 4 of 2020 (Old No. CAN 3490
of 2020), WPA 23065 of 2019 and the applications being CAN 1
of 2020 (Old No. CAN 201 of 2020), CAN 2 of 2020 (Old No.
CAN 3484 of 2020) and CAN 3 of 2020 (Old No. CAN 3485 of
2020) and WPA 23181 of 2019 and the applications being CAN
1 of 2020 (Old No. CAN 127 of 2020), CAN 2 of 2020 (Old No.
CAN 268 of 2020), CAN 3 of 2020 (Old No. CAN 3496 of 2020)
and CAN 4 of 2020 (Old No. CAN 3497 of 2020) are disposed
of in terms of the direction embodied in the said decision
dated August 24, 2020 in M.A.T. 488 of 2020 (Hindustan
Petroleum Corporation Ltd. & Ors. Vs. Abhishek Khanna &
Ors.)
(Shivakant Prasad, J.)
