Gauhati High Court
Page No.# 1/4 vs M/S Indian Oil Corporation Ltd. ... on 28 December, 2021
Page No.# 1/4
GAHC010227722021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7316/2021
M/S M P JALAN AND ANR.
A PARTNERSHIP FIRM REGD. UNDER THE PROVISIONS OF THE INDIAN
PARTNERSHIP ACT, 1932, HAVING ITS REGD. OFFICE AT HIJUGURI, P.O.
AND P.S. AND DIST. TINSUKIA, ASSAM, PIN-786125, REP. BY ITS ONE OF
THE PARTNER, SRI RAJESH JALAN, S/O. LAXMI NARAYAN JALAN.
2: RAJESH KUMAR JALAN
S/O. LT. LAXMI NARAYAN JALAN
PARTNER OF M/S M P JALAN
R/O. HOUSE NO.17
(GAYATRI KUNJ)
CHITRALEKHA PATH
NEAR G.N.R.C. HOSPITAL
SUPER MARKET
P.O. AND P.S. DISPUR
KAMRUP (M)
PIN-781006
ASSAM
VERSUS
M/S INDIAN OIL CORPORATION LTD. AND 9 ORS.
INDIAN OIL AOD, STATE OFFICE (MARKETING DIVISION), NOONMATI,
SECTOR-III, GUWAHATI, KAMRUP (M), PIN-781020, REP. BY ITS GENERAL
MANAGER,
2:THE GENERAL MANAGER (RETAIL SALES)
INDIAN OIL AOD
INDIAN OIL CORPN. LTD.
INDIAN OIL BHAVAN
SECTOR-III
NOONMATI
GUWAHATI-781020
Page No.# 2/4
KAMRUP (M)
ASSAM.
3:THE DEPUTY GENERAL MANAGER (RETAIL SALES)
TINSUKIA DIVISIONAL OFFICE
INDIAN OIL AOD
INDIAN OIL CORPN. LTD.
SRIPURIA ROAD
P.O. AND DIST. TINSUKIA
PIN-786125
ASSAM.
4:THE DIVISIONAL RETAIL SALES HEAD
INDIAN OIL CORPORATION LTD.
TINSUKIA DIVISIONAL OFFICE
PIN-786125
TINSUKIA
ASSAM.
5:ISWAR PARSAD JALAN
S/O. LT. MAHABIR PRASAD JALAN
R/O. OPPOSITE NEW TINSUKIA RAILWAY STATION
P.O. HIJUGURI
TINSUKIA
ASSAM
PIN-786125.
6:SURESH KUMAR JALAN
C/O. M/S M.P. JALAN
OPPOSITE HIJUGURI POLICE OUTPOST
P.O. HIJUGURI
TINSUKIA
ASSAM
PIN-786125.
7:SANJAY KUMAR JALAN
C/O. JANTA MEDICOS
A.T ROAD
NA POKURI RAILWAY GATE
TINSUKIA
PIN-786125.
8:RAMESH KUMAR JALAN
R/O. 22 TRANSPORT NAGAR
BEHIND HOTEL BROADWAY INN
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P.O. TRANSPORT NAGAR
JAIPUR-302003
RAJASTHAN.
9:SMT. SHANTI DEVI JALAN
C/O. SHANTI SUPERMARKET
OPPOSITE OF TINIKUNIA PUKHURI
GNB ROAD
P.O. PRAKASH BAZAR
TINSUKIA-786125.
10:SMT. AMITA GOYAL
C/O. DR. PANKAJ GOEL
PARBOTIA FEEDER ROAD
NEAR A R WINE SHOP
PARBOTIA
TINSUKIA-786125
ASSAM
Advocate for the Petitioner : MR G RAHUL
Advocate for the Respondent : SC, I O C
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 28.12.2021
Heard Mr. G. Rahul, learned counsel for the petitioner and Mr. G. Bharadwaj, learned
counsel for respondent Nos. 1 to 4.
The grievance of the petitioner is putting the retail outlet under the "holiday scheme".
Such decision was communicated to the petitioner vide communication dated 16.12.2021,
which, is stated to be served on the petitioner on 24.12.2021. The basic reason for putting
the petitioners Holiday Scheme is that the petitioner and the other partners of the
petitioners firm has not been able to come to a consensus despite the efforts of the
respondent corporation.
Mr. Rahul submits that prior to the present decision yet another decision was taken
on 22.8.2020 by the respondent by stopping the supply of fuel and other petroleum
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products to the petitioner and issued notice informing that the retail outlet of the
petitioners will be put under the "Holiday scheme". Being aggrieved the petitioners filed
WP(C) No. 3549 / 2020 . The said writ petition was allowed by this court vide judgment
and order dated 1.2.2021.
Mr. Rahul submits that the said judgment mandated the respondent to restore the
supply of fuel and other petroleum product forthwith to the petitioners, giving liberty to the
respondents to go ahead with the exercise to re consider the reconstitution of partnership
farm and to take final decision strictly in accordance with law and after giving opportunities to
the petitioners , who are stake holders.
Mr. Bharadwaj learned counsel for the respondent Corporation submits that extant rules
and norms have been duly followed and entire exercise has been carried out in full
compliance of the earlier judgment dated 1/2/2021 and but due to the failure of the partners
of the firm to reconstitute the partnership firm, the respondent Corporation was compelled to
take the impugned decision in as much as extant rule and norms does not permit disputed
entity to run the petrol pump.
Be that as it may, Let a notice be issued returnable on 7.2.2022.
Mr. Bharadwaj accepts notice for respondent Nos. 1 to 4. Extra copies be served to
the learned counsel within a period of three days.
Issue notice to the respondent Nos. 5 to 10 by registered post A/D.
Issue notice on interim prayer returnable on 7.2.2022.
Taking note of the earlier decision of this court as well as the fact that the petitioner
is still running the petrol pump, as an ad interim measure, the decision to put the
petitioner on holiday list is stayed till the returnable date.
The respondents are at liberty to file application for modification/vacation of the
present interim order, if so advice.
JUDGE
Comparing Assistant
