M/S Suryakant Vallabhdas Delar ... vs Bharat Petroleum Corporation ...
2022 Latest Caselaw 295 Chatt

                                        1

                                                                          NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR

                         WPC No. 286 of 2022

   1. M/s Suryakant Vallabhdas Delar Bharat Petroleum Corporation Limited
      Bharat Petroleum Corporation Limited, Station Road, Durg (C.G.)- 491001
      Through- Its Sole Proprietor Pankaj Gadhiya, S/o Late Suryakant Gadhiya,
      Aged About 51 Years, Station Road, Green Chowk, Tehsil And District- Durg
      (C.G.) 491001

   2. Pankaj Gadhiya S/o Late Suryakant Gadhiya Aged About 51 Years Station
      Road, Green Chowk, Tehsil And District- Durg (C.G.) 491001

                                                                   ---- Petitioners

                                    Versus

   1. Bharat Petroleum Corporation Limited Through- Its Territory Manager
      (Retail), Raipur Havind Its Commercial Office At Shaheed Veer Narain
      Complex, 1st Floor, Opposite Collectorate, Near Nagar Ghadi Chowk Raipur,
      Chhattisgarh 492001

   2. Harshaben Gadhiya S/o Late Suryakant Gadhiya Aged About 51 Years
      Station Road Green Chowk, Tehsil And District- Durg (C.G.) 491001

   3. Seemaben Sachdeva W/o Shri Tushar Sachdeva Aged About 49 Years R/o
      Flat No. W.C. 3536, Left Portion, Top Floor, Opposite Bikaner Raja Park, New
      Delhi 110034                                           ---- Respondents

For Petitioner : Mr. Ankit Pandey, Advocate. For Respondent No. 1 : Mr. Sourabh Sharma, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order On Board 18.01.2022

1. The present writ petition has been filed assailing the show cause notice

dated 06.01.2022 issued by the respondent No.1-Corporation.

2. The Respondent No. 1-Corporation had executed a dealership

agreement with M/s Suryakant Vallabhdas and the sole proprietor was

the mother of the petitioner no. 2 Late Smt Yashumati Gahdiya who

died on 17.02.2021. The petitioner No. 2 has since taken charge of the

dealership and is operating the same. The respondents No.1-

Corporation now seems to have issued a show cause notice to the

petitioners for submission of the requisite No Objection Certificate from

all the legal heirs of Late Smt Yashumati Gahdiya, the deceased

proprietor in the dealership.

3. Learned counsel for the petitioners submits that they have already

submitted a detailed reply and he further submits that they have

already approached the concerned Civil Court for an appropriate order

in their favour in-respect-of the compromise that has arrived at between

the family members for the purpose of reconstitution of the dealership

agreement with the respondent No. 1 Corporation.

4. The Counsel for the petitioners submits that due to the pandemic

situation as the Courts were not functional to its full capacity, the

judgment and decree could not be obtained before, and he undertakes

to submit the same at the earliest.

5. The Counsel for the Respondent No. 1 submits that subject to the

petitioners submitting an undertaking of furnishing the requisite No

Objection Certificate within six months' period, the respondent No.1-

Corporation shall consider the same on its own merits so far as

reconstitution of the dealership agreement is concerned.

6. Learned counsel for the petitioners also undertakes that he shall make

all endeavor in getting the requisite No Objection Certificate within an

extended period of 6 months' time.

7. Given the said submissions by the counsel for the petitioners as also

by the counsel for respondent No. 1, the present writ petition at this

juncture on the said note, is disposed of with an observation that the

petitioners shall in addition give an undertaking to the respondent No. 1

in-respect of his furnishing the requisite No Objection Certificate within

an outer limit of 6 months' time. The respondent No. 1 also in-turn is

expected to take a pragmatic decision on the show cause notice dated

06.01.2022 keeping in view the undertaking given by the petitioners

and the submission made by the counsel for the respondent No. 1

during the course of hearing today.

8. The present writ petition accordingly stands disposed of, with the

aforesaid observation.

Sd/-

P. Sam Koshy Judge Jyoti