Patna High Court
Rajesh Kumar Chowdhary Through ... vs The Indian Oil Corporation Ltd on 22 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2660 of 2021
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RAJESH KUMAR CHOWDHARY THROUGH ITS SOLE PROPRIETOR
MANTU FUEL SERVICE Son of Ram Chandra Chowdhary through its sole
proprietor M.s Mantu Fuel Center, Resident of village- Sivasingpur, P.s.-
Mohiuddin Nagar, District- Samastipur (Bihar)- 848502
... ... Petitioner/s
Versus
1. The Indian Oil Corporation Ltd. through its Chairman-cum-Managing
Director, G-9, Ali Yavar Jung Marg, Marg, Bandra (East) Mumbai
2. General Manager, Retail sales, Indian Oil Corporation Ltd, Bihar State
Office, Jai Prakash Bhavan, 5th, Dak Bunglow Road, Patna-800001
3. Executive Director, Retail sales, Indian Oil Corporation Ltd, Bihar State
Office, Jai Prakash Bhavan, 5th, Dak Bunglow Road, Patna-800001
4. Chief Divisional Retail sales Manager, Begusarai Divisional Office, Indian
Oil Corporation Limited, Marketing Division, P.o. Barauni, District-
Begusarai-851112
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjeev Ranjan, Advocate
For the Respondent/s : Mr.Ankit Katriar, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 22-11-2021
Petitioner has prayed for the following relief(s):
"i. To quash the order dated 9.6.2020 vide Ref.
BDO/Termination/Mantu issued under the
signature of CDRSM Begusarai, D.O. whereby
the respondent Corporation has terminated the
dealership Agreement dated 25.03.2009 executed
between the petitioner firm and the respondent
Corporation with immediate effect and forfeited
the security deposit of Rs. 10,000/- on account of
Patna High Court CWJC No.2660 of 2021 dt.22-11-2021
established malpractice which order ex-facie is
arbitrary, illegal and unsustainable and wholly
without jurisdiction.
ii. For a writ of mandamus that on quashing of the
said order dated 9.6.2020 the respondent
Corporation may be directed to compensate the
petitioners firm for illegally dismantling the
petrol Pump during the pendency of legal
proceeding causing irreparable loss and injury to
the petitioner's firm.
iii. For any other relief or reliefs to which the
petitioner is entitled under law."
Petitioner, by way of I.A. No. 1 of 2021 has placed on
record the order dated 28.06.2021 passed by the learned
members of Dispute Resolution Panel in Appeal No.
DRP/IOC/RET/0006/2020, titled as M/s Mantu Fuel Centre,
Hasanpur Surat, Samastipur, Bihar Vs. Indian Oil Corporation
Limited (IOCL). The operative portion of the order reads as
under:
"Para-31. We therefore, allow the appeal,
set aside the impugned order of termination dated
09.06.2020 and direct the Respondent to reconsider
the case after giving opportunity to the Appellant to
present his case to the specific irregularity based on
which the dealership is sought to be terminated.
However, till the Respondent takes a decision, status
quo as on date shall continue."
Learned counsel for the petitioner states that his only
objection is with regard to the last sentence of para-31 of the
order whereby, while remanding the matter for consideration
Patna High Court CWJC No.2660 of 2021 dt.22-11-2021
afresh, the authority has directed the parties to maintain status
quo.
It is argued that under the garb of such protective
order, the authority is not taking any actions, thus jeopardizing
the petitioner's interest.
Shri Ankit Katriyar, learned counsel for the State,
states that the appropriate authority shall positively pass a fresh
order within a period of four weeks.
Statement accepted and taken on record.
It stands clarified that, in the event of failure of the
authority to do so, the operative portion of the impugned order
dated 28.06.2021, to the extent it directs the parties to maintain
status quo, shall automatically stand vacated.
Petition stands disposed of in the aforesaid terms.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/DKS/-
AFR/NAFR
CAV DATE
Uploading Date 24.11.2021
Transmission Date
