Kerala High Court
M/S. Omkaram Indane Services vs Indian Oil Corporation Limited on 16 February, 2024
WP(C) NO. 6734/2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
WP(C) NO. 6734 OF 2020
PETITIONERS:
1 M/S. OMKARAM INDANE SERVICES
OACHIRA, KALLOOR JUNCTION, KOLLAM - 690 526,
REPRESENTED BY THE PROPRIETOR, BEENAKUMARI B.
* 2 M/S MINI GAS AGENCIES
KUNDARA, KOLLAM - 691 501, REPRESENTED BY THE
PROPRIETOR, SOUDAMINI J.
* WITHDRAWN FROM THE CASE AS PER ORDER DATED
1/11/2021 IN I.A.NO.1/2021 IN WP(C) NO. 6734/2020
BY ADVS.SRI.K.L.VARGHESE (SR.), SMT.SANTHA VARGHESE,
SRI.RAHUL VARGHESE & SRI.RANJITH VARGHESE
RESPONDENT:
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION, INDANE AREA OFFICE, PANAMPILLY
AVENUE, PANAMPILLY NAGAR, COCHIN - 682 036,
REPRESENTED BY THE GENERAL MANAGER (LPG-S) CAO.
BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR, SRI.K.JOHN
MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS &
SRI.PAULOSE C. ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 6734/2020
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MOHAMMED NIAS C. P. , J.
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W.P.(C) No. 6734 of 2020
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Dated this the 16th day of February, 2024
JUDGMENT
A memo has been filed by the first petitioner seeking permission
to withdraw from the case. It is seen that the second petitioner has
already withdrawn from the case as per orders dated 1.11.2021.
Under such circumstance, the Writ Petition is dismissed as withdrawn.
Sd/-
MOHAMMED NIAS C. P.,
JUDGE
MMG
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APPENDIX OF WP(C).NO.6734/2020
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE OF DEMAND /RECOVERY
DATED 30.01.2020 ISSUED BY THE RESPONDENT TO THE
1ST PETITIONER.
EXHIBIT P2 TRUE COPY OF THE NOTICE OF DEMAND /RECOVERY
DATED 06.02.2020 ISSUED BY THE RESPONDENT TO THE
2ND PETITIONER.
EXHIBIT P3 TRUE COPY OF THE MEMORANDUM OF AGREEMENT DATED
28.03.2003 ENTERED INTO BETWEEN THE 1ST
PETITIONER AND THE RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE SHOW CAUSE NOTICE DATED
08.10.2019 ISSUED BY THE RESPONDENT TO THE 1ST
PETITIONER.
EXHIBIT P5 TRUE COPY OF THE REPLY TO EXT. P4 DATED
24.10.2019 ISSUED BY THE 1ST PETITIONER TO THE
RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE SHOW CAUSE NOTICE DATED
13.01.2020 ISSUED BY THE RESPONDENT TO THE 2ND
PETITIONER.
EXHIBIT P7 TRUE COPY OF THE MARKETING DISCIPLINE GUIDELINES
2018, CONTAINING CHAPTER 2 AND 3 FROM PAGES 7/29
TO 23/29 (WHICH ARE RELEVANT FOR THE INSTANT
CASE)
EXHIBIT P8 TRUE COPY OF THE INTIMATION OBTAINED BY THE IST
PETITIONER RELATING TO THE RECOVERY OF THE
AMOUNT ON 12.03.2020 FROM THE WEBSITE MAINTAINED
BY THE RESPONDENT UNDER THE HEAD CUSTOMER PAD
(PARTY'S ACCOUNT AT DEPOT), BALANCE.
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EXHIBIT P9 TRUE COPY OF THE FORTNIGHTLY STATEMENT FROM
01.03.2020 TO 15.03.2020 SHOWING THE RECOVERY ON
12.03.2020 RECEIVED BY THE 2ND PETITIONER.
EXHIBIT P10 TRUE COPY OF THE ORDER DT. 23.03.2020 IN WPC NO.
9360/2020(T) OF THIS HONBLE COURT.
RESPONDENT'S EXHIBITS:
EXHIBIT R1 TRUE COPY OF THE SHEET CONTAINING THE LIST OF
(A) IRREGULARITIES COMMITTED BY THE PETITIONER 2015
TO 2020
