Patna High Court
M/S Jay Shree Tea And Industry Limited vs The Indian Oil Corporation Limited on 2 August, 2024
Author: Chief Justice
Bench: Chief Justice
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.69 of 2024
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M/s Jay Shree Tea and Industry Limited proprietor of Majhaulia Sugar
Industries, having its registered office and head office at Industry House, 15th
Floor, 10 Chemic street Calcutta - 700017 and the Mill is situated in the
District of West Champaran, Bihar - 845454 represented through its Deputy
General Manager (Commercial), namely Upendra Nath Rai, Gender- Male,
aged about 61 years S/o Late Chandrika Rai, R/o New Bajrang Nagar,
Ratanpura Ojha Toli, Chapra, Saran, Bihar-843101.
... ... Petitioner/s
Versus
1. The Indian Oil Corporation Limited, G-9, Ali Yavar Jung Marg, Bandra
(East), Mumbai- 400 051 represented through its Chairman cum Managing
Director.
2. The Chief General Manager (Operations), Indian Oil Corporation Limited,
Bihar State Office, Lok Nayak Jaiprakash Bhawan, 5th Floor, Dakbunglow
Road, Patna- 800001.
3. The Depot Manager, Indian Oil Corporation Limited, Sipara, Patna-800002.
4. The Depot Manager, Indian Oil Corporation Limited, Barauni-851210.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Agrawal, Advocate
For the Respondent/s : Mr. Sanat Kumar Mishra, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 02-08-2024
The petitioner is seeking arbitration to decide the
claim of waiver of penalty, on the ground of flood in the
reserve area from which raw material was procured.
2. The learned Counsel for the respondent clearly
points out from the agreement, where there is Standard
Operating Procedure for waiver of penalty, to be followed by
Patna High Court REQ. CASE No.69 of 2024 dt.02-08-2024
Oil Marketing Companies (OMC's). We specifically refer to
serial no. 8, which is extracted hereunder:-
3. The learned Counsel for the respondent further
submits that if the three certificates are produced they would
definitely consider the waiver. In such circumstances, this
Court is of the opinion that at this point there is no need for
appointing an Arbitrator. The petitioner would be entitled to
produce the certificates, which are following:-
I. Notarized affidavit stating
floods/heavy rain/cyclone as reason for non-
operation with period.
II. Certification from the
concerned Unit Exice distillery officer-
stating non-period of operation due to
floods/heavy rain/cyclone.
Patna High Court REQ. CASE No.69 of 2024 dt.02-08-2024
III. Reports from local
authorities /Letter from local authorities
stating floods/heavy rain/cyclone during the
period of non-operation.
4. The learned Counsel for the petitioner submits
that already there was an order by Annexure-11, which
specifically looked at the requirements to be complied with as
spoken by the learned Counsel for the respondent and a
certificate to be produced before the Authority.
5. Annexure-13 is the order passed based on the
aforesaid directions in Annexure-11. The required certificates
were not produced.
6. This Court does not find any certificate as
required under the extract above referred produced before this
Court also. In such circumstances, the petitioner would be
entitled to produce the above certificates before the Authority
and claim waiver. If, despite the certificates, the waiver is not
granted, the petitioner could even seek for arbitration.
7. The petitioner also has a case that the flooding
did not affect his factory but the reserves from which the raw
materials were sourced. Hence, the certificates for such
flooding of reserves ought to be produced, which also would
fall within the ambit of waiver, even according to the
Patna High Court REQ. CASE No.69 of 2024 dt.02-08-2024
respondent.
8. The request case stands closed.
(K. Vinod Chandran, CJ)
aditya/-
AFR/NAFR
CAV DATE
Uploading Date 05.08.2024.
Transmission Date
