Malappuram District Hindustan ... vs The Senior Regional Manager, ...
2022 Latest Caselaw 9977 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                        WP(C) NO. 28229 OF 2022
PETITIONER/S:

          MALAPPURAM DISTRICT HINDUSTAN PETROLEUM-CORPORATION
          LIMITED DEALERS ASSOCIATION
          WITH REGISTRATION NO.MPM/CA/762/2018, REPRESENTED BY
          ITS SECRETARY, MUHAMMED SHAN P.T., S/O. ABDU P.T., AGED
          33 YEARS, HAVING REGISTERED OFFICE AT CHENGUVETTY,
          KOTTAKKAL, MALAPPURAM DISTRICT, PIN-676503.
          BY ADVS.
          T.SETHUMADHAVAN (SR.)
          DEEPA NARAYANAN
          PREETHI. P.V.
          M.V.BALAGOPAL
          SANGEETHA SREEKUMAR


RESPONDENT/S:

    1     THE SENIOR REGIONAL MANAGER, HINDUSTAN PETROLEUM
          CORPORATION LIMITED, KOZHIKODE RETAIL REGION
          ELATHUR, KOZHIKODE-673303.
    2     THE DEPUTY GENERAL MANAGER
          HINDUSTAN PETROLEUM CORPORATION LIMITED, IRUMPANAM
          TERMINAL, IRUMPANAM P.O., KOCHI-682309.
OTHER PRESENT:

          SC M.GOPIKRISHNAN NAMBIAR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28229 OF 2022
                               2

                          JUDGMENT

Dated this the 31st day of August, 2022

The petitioner is the Secretary of Malappuram District

Hindustan Petroleum Dealers Association. The grievance of

the petitioner is about the insistence by the Hindustan

Petroleum Corporation Limited (HPCL) on advance payment

for delivery of petroleum products.

2. Learned Senior Counsel appearing for the petitioner

submitted that the practice hitherto was to make payment

only on delivery of the product at the retail outlet. It is

submitted that even Clause 10 of Ext.P2 indicates that there

is provision is for effecting payment on delivery. Learned

Senior counsel also highlighted the difficulties being faced

by the retail dealers on being compelled to make advance

payment. It is submitted that on certain occasion when there

are consecutive bank holidays, it is extremely difficult for the

dealers to keep sufficient cash reserve for effecting

advance payment, particularly since cash transaction above

Rupees Two Lakhs is prohibited. It is pointed out that during

the ensuing of Onam season, almost four days will be WP(C) NO. 28229 OF 2022

consecutive bank holidays. Highlighting their grievances of

its members and seeking immediate resolution, the

petitioner has submitted Ext.P4 representation.

3. Learned Standing Counsel submitted that, all through

out the practice being followed was to release petroleum

products on payment. Credit facility was provided to certain

dealers, depending on their credit worthiness. It is

contended that , even going by the plain language of Clause

10 of Ext.P2, delivery of the products to the dealer is to be

made against payment in cash or by demand draft.

4.Having heard the learned Senior Counsel and the

learned Standing Counsel, I am of the opinion that rather

than this court deciding the disputed facts in a writ petition

filed under Article 226, it will be appropriate for the

respondents to consider the petitioner's representation and

take a reasoned decision.

In the result, the writ petition is disposed of directing

the 2nd respondent or any other competent officer of the

Hindustan Petroleum Corporation Limited to consider Ext.P4

representation, if possible within ten days and at any rate WP(C) NO. 28229 OF 2022

within one month of date of receipt of a copy of this

judgment. All contentions raised in this writ petition are left

open to be urged before the appropriate authority.

Sd/-

V.G ARUN JUDGE

SJ WP(C) NO. 28229 OF 2022

APPENDIX OF WP(C) 28229/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF REGISTRATION CERTIFICATE NO.MPM/CA/762/2018 DATED 05.12.2018. Exhibit P2 TRUE COPY OF THE SPECIMEN DEALERSHIP AGREEMENT EXECUTED BETWEEN THE RESPONDENT CORPORATION AND P.T. FUELS, VENGAD DATED 17.9.2015.

Exhibit P3 TRUE COPY OF THE SPECIMEN FORMAT OF THE UNDERTAKING GIVEN BY THE DEALER DATED NIL.

Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 22.08.22.