WPA/8821/2022
2023 Latest Caselaw 2059 Cal

55     28.03.2023
tbsr   Ct. 39

                                      WPA 8821 of 2022


                          Mr. Srijib Chakraborty
                                        .....for the petitioners

                          Mr. Y. S. Yadav
                          Ms. Saswati Chatterjee
                                        .....for the IOCL

                          Mr. Amales Ray
                          Ms. Mousumi Bhowal
                          Mr. Aman Gupta
                          Mr. Ishan Bhattacharya
                                       .....for the respondent no. 5

Learned counsel appearing on behalf of the

petitioners submits as follows. Although, the

respondent no. 5 was the one who obtained the LOI

from the Oil Company and thereafter, the license for

LPG distributorship, he was financed by the petitioners.

In fact, the three had entered into a partnership

agreement in this regard. However, the respondent no.

5 did not bring this to the notice of the Oil Company

and this is a gross violation of the Guidelines. When

the same was brought to the notice by the Oil Company

of the petitioners, without even hearing of the

petitioners, the respondent authorities decided the

matters against them. Reliance is placed on a

decision of a Division Bench of this Court passed on

02.03.2016 in FMAT 275 of 2015.

Learned counsel appearing on behalf of the

private respondent opposes the petitioner's contentions

and submits that the petitioners were not privy to the

agreement between the Oil Company and the private

respondent. Therefore, they did not any right in

respect of dealership of the private respondent.

Reliance is placed on a judgment dated 05.10.2018

passed by this Court in Bimala Gas Services [WP No.

12206(W) of 2014].

Learned counsel appearing on behalf of the Oil

Company submits that this is necessary to place on

record the agreement in question between the Oil

Company and the dealer.

Let the respondents file Opposition within three

weeks from this date.

Reply, if an, shall be filed within a week

therefrom.

List this matter for hearing on 1st May, 2023.

Urgent photostat certified copies of this order

may be delivered to the learned Advocates for the

parties, if applied for, upon compliance.

(Jay Sengupta, J.)