M/S TECHNICO v. THE INDIAN OIL CORPORATION LIMITED
WP(C)/4481/2025 · 2025-08-07
Devashis Baruah
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 17324 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17324 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC010175792025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4481/2025 M/S TECHNICO A PARTNERSHIP FIRM HAVING ITS PRINCIPAL PLACE OF BUSINESS AT 56, FATIK CHANDRA ROAD, UZAN BAZAAR GUWAHATI 781001, DIST KAMRUP M ASSAM, REPRESENTED BY ONE OF ITS PARTNERS SRI PRABHAKHAR DE, SON OF LATE CHANCHAL DE, AGED ABOUT 58 YEARS VERSUS THE INDIAN OIL CORPORATION LIMITED HAVING ITS REGISTERED OFFICE AT INDIAN OIL BHAWAN, G9, ALI YAVAR JUNG MARG, BANDRA EAST MUMBAI 400051 2:THE INDIAN OIL ASSAM OIL DIVISION INIDAN OIL CORPORATION LIMITED NORTH GUWAHATI LPG BOTTLING PLANT PO COLLEGE NAGAR ABHOYPUR NORTH GUWAHATI GUWAHATI 781031 ASSAM 3:THE CHIEF MANAGER PLANT INIDAN OIL CORPORATION LIMITED NORTH GUWAHATI LPG BOTTLING PLANT PO COLLEGE NAGAR ABHOYPUR NORTH GUWAHATI GUWAHATI 781031 ASSAM 4:THE DEPUTY GENERAL MANAGER LPG SALES INIDAN OIL CORPORATION LIMITED NORTH GUWAHATI
Page No.# 2/5 LPG BOTTLING PLANT PO COLLEGE NAGAR ABHOYPUR NORTH GUWAHATI GUWAHATI 781031 ASSAM 5:THE DEPUTY GENERAL MANAGER PLANT INIDAN OIL CORPORATION LIMITED NORTH GUWAHATI LPG BOTTLING PLANT PO COLLEGE NAGAR ABHOYPUR NORTH GUWAHATI GUWAHATI 781031 ASSA
Advocate for the petitioner(s): OP Bhati
Advocate for the respondent(s): Mr. MK Choudhury, Senior Advocate Mr. M Sarma
B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH
ORDER 08.08.2025
Heard Mr. OP Bhati, the learned counsel appearing on behalf of the petitioner. Mr. MK Choudhury, the learned Senior Counsel assisted by Mr. M Sarma, the learned counsel, who appears on behalf of the Indian Oil Corporation. 2. Taking into account the issue involved in the instant proceedings, this Court takes up the writ petition for disposal at the motion stage itself. 3. The admitted facts as would be available from the materials on record would
Page No.# 3/5 show that the petitioner is an authorised distributor of Liquefied Petroleum Gas (for short, LPG) cylinders of the respondent Corporation. On 13.02.2025, a notice was issued to the petitioner alleging violation of Clause 23(a) of the
“Indane” (Liquefied Petroleum Gas) Distributorship (Domestic and Commercial) Agreement and it was further alleged that an amount of Rs.12,62,833/- was incorrectly given credit to the petitioner’s account. Under such circumstances, vide the communication dated 13.02.2025 the petitioner was asked to show cause.
The petitioner on receipt of the said show cause notice dated 13.02.2025 submitted a communication to the DGM (Plant) North Guwahati LPG Bottling Plant, Indian Oil Corporation Ltd. dated 18.02.2025 stating inter alia that the petitioner would not be in a position to submit an effective reply, unless the documents on the basis of which the said show cause notice was issued is provided to the petitioner. 4. During the course of hearing today, this Court enquired with Mr. OP Bhati, the learned counsel appearing on behalf of the petitioner as to what are the documents which the petitioner seeks for the purpose of submitting an effective reply. The learned counsel submitted that the documents which are required are the Equipment Return Voucher (for short, the ERV) slips which was made the basis for issuance of the show cause notice. 5. This Court had also taken note of the order passed by the Coordinate Bench of this Court dated 17.03.2025 in WP(C)No.1469/2025, wherein this Court observed that the respondent authorities should supply any document that the petitioner may ask so as to enable them to submit their respective reply. 6. It is further taken note of that pursuant to the said order dated 17.03.2025 passed in WP(C)No.1469/2025, the petitioner submitted a communication on 28.03.2025 seeking the ERV slips. However, without furnishing the ERV slips,
Page No.# 4/5 the respondent authorities had issued an email dated 29.07.2025, whereby it was informed that the procedure for making debit/deductions from the entitlement of the petitioner would be taken up. It is under such circumstances that the communication dated 29.07.2025 has been assailed before this Court. 7. Mr. MK Choudhury, the learned Senior Counsel appearing on behalf of the IOC submitted that the ERV slips in question are voluminous in nature and as such, the respondent Corporation has requested the petitioner to inspect those documents in their Office.
However, the respondents are not adverse to providing copies to the petitioner subject to the condition that the petitioner appears before the respondent No.3 for accepting the copies of the ERV slips. 8. The learned Senior Counsel further submitted that as per his instruction(s), the copies of the concerned ERV slips can be provided to the petitioner within 7(seven) days from today. 9. Taking into account the above submission and the subject matter involved in the instant proceedings, this Court, therefore, disposes of the instant writ petition with the following observation(s) and direction(s): (i). The representative of the petitioner shall appear before the respondent No.3 on 18.08.2025 at 10.30 A.M. The respondent No.3 shall provide the ERV slips on the basis of which the respondent Corporation had issued the show cause notice dated 13.02.2025. (ii). The petitioner is given the liberty to submit the reply on or before
03.09.2025. (iii). The respondent Corporation shall pass appropriate order(s) duly taking into consideration the show cause reply, if so submitted by the petitioner within the time stipulated above. Page No.# 5/5 (iv). Till such decision is taken, the respondent authorities shall not proceed with debit/deduction from the entitlement of the petitioner. 10. With the above, the instant writ petition stands disposed of. JUDGE Comparing Assistant