Page No.# 1/4 vs M/S M P Jalan And 5 Ors
2022 Latest Caselaw 628 Gua

                                                                         Page No.# 1/4

GAHC010055892021




                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : I.A.(Civil)/732/2021

         SANJOY KUMAR JALAN AND 3 ORS.
         S/O- LATE LAKSMI NARAYAN JALAN, R/O- HIJUGURI, P.O., P.S. AND DIST.-
         TINSUKIA, ASSAM.

         2: RAMESH KUMAR JALAN
          S/O- LATE LAKSMI NARAYAN JALAN
          R/O- HIJUGURI
          P.O.
          P.S. AND DIST.- TINSUKIA
         ASSAM.

         3: SMTI. SHANTI DEVI JALAN
         W/O- LATE LAXMI NARAYAN JALAN
          C/O- DR. PANKAJ GOEL
          R/O- PARBOTIA FEEDER ROAD
          INFRONT OF A.R. WINE
          P.O.
          P.S. AND DIST.- TINSUKIA
         ASSAM.

         4: SMTI. AMITA GOEL
         W/O- DR. PANKAJ GOEL
          R/O- PARBOTIA FEEDER ROAD
          INFRONT OF A.R. WINE
          P.O.
          P.S. AND DIST.- TINSUKIA
         ASSAM

         VERSUS

         M/S M P JALAN AND 5 ORS.
         A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF THE
         INDIAN PARTNERSHIP ACT, 1932, HAVING ITS REGISTERED OFFICE AT
         HIJUGURI, P.O., P.S. AND DIST.- TINSUKIA, ASSAM, PIN- 786125, REP. BY ITS
                                                        Page No.# 2/4

ONE OF THE PARTNER SRI RAJESH JALAN, AGED ABOUT 51 YEARS, SON
OF LATE LAXMI NARAYAN JALAN.

2:RAJESH JALAN
 S/O- LATE LAXMI NARAYAN JALAN
 C/O- M.P. JALAN
 HIJUGURI
 OPPOSITE HIJUGURI TOWN OUT POST
 P.O.
 P.S. AND DIST.- TINSUKIA
ASSA
 PIN- 786125.

3:M/S. INDINA OIL CORPORATION LTD.

(ASSAM OIL DIVISION)
HAVING PRINCIPAL PLACE OF BUSINESS AND OFFICE AT DIGBOI TOWN
P.O. DIGBOI
DIST.- TINSUKIA
ASSAM
PIN- 786125.

4:THE GENERAL MANAGER (RETAIL SALES)
 INDIAN OIL- AOD
 INDIAN OIL CORPORATION LTD.
 INDIAN OIL BHAVAN
 SECTOR-III
 NOONMATI
 GUWAHATI- 781020
 KAMRUP(M)
ASSAM.

5:THE DEPUTY GENERAL MANAGER (RETAIL SALES)

TINSUKIA DIVISIONAL OFFICE
INDIAN OIL-AOD
INDIAN OIL CORPORATION LTD.
SRIPURIA ROAD
P.O. AND DIST.-TINSUKIA
PIN- 786125
ASSAM.

6:INDIAN OIL CORPORATION LIMITED
 INDIAN OIL AOD
 STATE OFFICE
 (MARKETING DIVISION)
 NOONMATI
 SECTOR-III
                                                                          Page No.# 3/4

             GUWAHATI
             KAMRUP(M)
             PIN-781020
             ASSAM
             REP. BY ITS GENERAL MANAGER

Advocate for the Petitioner   : MR. K N CHOUDHURY

Advocate for the Respondent : SC, I O C




             Linked Case :

            SANJAY KUMAR JALAN AND 3 ORS.



             VERSUS

            M/S M P JALAN AND 5 ORS. A



            ------------
            Advocate for : MR. K N CHOUDHURY
            Advocate for : appearing for M/S M P JALAN AND 5 ORS. A



                                    BEFORE
                         HONOURABLE THE CHIEF JUSTICE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

22-02-2022

Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. S Ilam, learned counsel for the applicants. Also heard Mr. G Rahul, learned counsel for respondent Nos.1 and 2 and Mr. M.K. Choudhury, learned senior counsel assisted by Mr. P. Bharadwaj, learned counsel for respondent Nos.3, 4, 5 and 6.

Page No.# 4/4

This application has been filed by the applicants seeking leave to file the accompanying appeal against the judgment and order of the learned Single Judge dated 01.02.2021 passed in WP(C) 3549/2020. Admittedly the applicants were not party before this Court.

After hearing the learned counsel appearing for the parties, we are of the view that the applicants are necessary party in this case. Accordingly, the applicants are granted leave to file the accompanying appeal.

This interlocutory application is, accordingly, allowed. Registry is directed to register the appeal and list it on 08.03.2022.

                      JUDGE                     CHIEF JUSTICE



Comparing Assistant