Madras High Court
Rahul Agarwal vs National Commission For ... on 5 September, 2022
W.P.No.10301 of 2019
& W.M.P.No.10848 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.09.2022
CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
W.P.No.10301 of 2019
& W.M.P.No.10848 of 2019
Rahul Agarwal, .. Petitioner
-vs-
1. National Commission for Scheduled Castes,
5th Floor, Lok Nayak Bhavan,
Khan Market, New Delhi – 110 003.
2. The Additional Director General of Police,
Dr.Radhakrishnan Salai,
Mylapore, Chennai – 600 004.
3. K.J.V.Vickiramathithan,
No.465/1B, NH-7, Salem Bye Pass,
Agasipalli Village,
Krishnagiri District – 635 001. ... Respondents
PRAYER : Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorari, to call for the records on the file of the 1st
respondent in Proceedings F.No.1/103/2019 REP dated -02-2019 and quash
the same.
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& W.M.P.No.10848 of 2019
For Petitioner : Mr.V.Raghavachari
For R1 : Mr.P.Ayyaswamy
For R2 : Mr.N.S.Suganthan
Government Advocate (Crl.Side)
For R3 : Change of Vakalat filed.
ORDER
This Writ Petition is filed challenging the impugned notice caused
by the National Commission for the Scheduled Castes, undated 02-2019,
informing the petitioner that the Commission has decided to enquire into the
complaint given by one Thiru.K.J.V.Vikramadhithan, dated 15.02.2019 and in
existence of the power conferred upon the Commission under Article 338 of the
Constitution of India and the petitioner has directed to submit the facts and
information and the action taken on the allegations/matters, within 20 days of
the receipt of the notice.
2. The Learned Counsel appearing for the petitioner, questions the
jurisdiction of National Commission for Scheduled Castes to interfere in the
matter of Principal and Agency, in which, the Agency given in favour of said
K.J.V.Vikramadhithan was terminated, vide order dated 10.01.2019 and same
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W.P.No.10301 of 2019
& W.M.P.No.10848 of 2019
been the subject matter of arbitration as per the terms of contract.
3. On coming to know about the impugned notice, the petitioner is
also given a reply to the Director of National Commission of Scheduled Castes,
vide letter dated 18.03.2019, wherein, it is stated that the complainant
Thiru.K.J.V.Vikramadhithan through his Company was running an authorized
dealership of Suzuki Motorcycle India Private Limited. Due to non-
performance of the dealership, the dealership agreement was terminated.
4. Aggrieved by that, the complainant herein has filed Arbitration
Proceedings - M/s.Vikram Bike Zone Pvt. Limited -vs- M/s.Suzuki Motorcycle
India Private Limited, in Arbitration Petition No. 7 of 2019 on the file of
Principal District Judge, Krishnagiri. Therefore, with malafide intention and to
put undue pressure on the Company, complaint has been filed against the
employees of Suzuki Motorcycle India Private Limited and therefore, no further
action required on his complaint.
5. The Learned Counsel appearing for the petitioner states that said
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W.P.No.10301 of 2019
& W.M.P.No.10848 of 2019
arbitration proceeding culminated in dismissal, vide order dated 11.07.2022 and
further, relying upon the Judgment of the Delhi High Court in Municipal
Corporation of Delhi -vs- Lal Chand and others reported on 2013 SCC
OnLine Del 3702, wherein, the Learned Counsel submitted that, the Rules and
Procedure of the National Commission for Scheduled Castes confines their
power only in the matter relates to violation of reservation policy, DOPT OMs,
Government of India Orders, State Government Orders, PSUs and Autonomous
Bodies orders or any other violation of Rules or Reservation and the matters
where there is no mention of above rules need not be referred to the
Commission as a complaint.
6. The Learned Government Advocate (Crl.Side) appearing for the
2nd respondent submits that, though impugned notice was received by
Additional Director General of Police, for further report, in view of the interim
stay granted by this Court, the respondent has not proceeded any further.
7. The Learned Counsel appearing for the 2nd respondent seeks
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W.P.No.10301 of 2019
& W.M.P.No.10848 of 2019
time. Whereas, the Learned Counsel for the 3rd respondent submits that, he has
given consent for change of Vakalat and has no instruction.
8. From the documents submitted by the Learned Counsel for the
petitioner, this Court finds that, the complainant K.J.V.Vikramadhithan, who is
the 3rd respondent herein is the husband of Mrs.Shanti Vikramadithan, who is
in-charge of M/s.Vikram Bike Zone Pvt. Ltd., a dealer appointed by the
petitioner Company. Based on her letter of intent, her Company M/s.Vikram
Bike Zone Pvt. Ltd, was appointed as dealer of Suzuki Motorcycle India Private
Limited on 23.12.2015. Since the commercial performance was not satisfactory
to the Principals, the dealership has been terminated w.e.f 10.01.2019 invoking
clause 50 of the Dealership Agreement. Aggrieved by the termination, the said
M/s.Vikram Bike Zone Pvt. Ltd., has initiated Arbitration Proceedings and
same is now informed as dismissed, vide order dated 11.07.2022.
9. In the said circumstances, the complaint to the National
Commission for Scheduled Castes preferred by Thiru.K.J.V.Vikramadhithan,
been taken cognizance by the Commission leading to issuance of the notice,
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W.P.No.10301 of 2019
& W.M.P.No.10848 of 2019
which is impugned in this Writ Petition. As observed by the Hon'ble Delhi High
Court in the judgment cited supra, to take cognizance of the complaint, there
should have be some prima facie material of violation of reservation Policy or
guidelines of DOPT OMs, Government of India Orders, State Government
Orders, PSUs and Autonomous Bodies orders or any other violation of Rules or
Reservation and the matters where there is no mention of above rules need not
be referred to the Commission as a complaint or any order touching upon
reservation or protection of Scheduled Castes issued by State or Central
Government.
10. On the face of the records, it is clearly found that the dispute
between the manufacturing Company and the dealer, a complaint has been
given by aggrieved persons before the Commission and also has initiated
Arbitration proceedings. This clearly reveals the abuse of the protective
provision under the law by the disgruntled dealer.
11. Accordingly, this Writ Petition is allowed. The impugned order
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& W.M.P.No.10848 of 2019
passed by the 1st respondent in Proceedings F.No.1/103/2019 REP, undated -02-
2019, is hereby quashed. No costs. Consequently, connected Miscellaneous
Petition is closed.
05.09.2022
Internet : Yes/No
Index : Yes/No
bsm
To,
1. The National Commission for Scheduled Castes,
5th Floor, Lok Nayak Bhavan,
Khan Market, New Delhi – 110 003.
2. The Additional Director General of Police,
Dr.Radhakrishnan Salai, Mylapore, Chennai – 600 004.
3. The Public Prosecutor, High Court, Madras.
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W.P.No.10301 of 2019
& W.M.P.No.10848 of 2019
Dr.G.JAYACHANDRAN, J.
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W.P.No.10301 of 2019
& W.M.P.No.10848 of 2019
05.09.2022
https://www.mhc.tn.gov.in/judis
