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2025 DAILYLAW 26189 (RAJ)

M/S. KANHIYA H.P. GAS RURAL DISTRIBUTOR v. HINDUSTAN PETROLEUM CORPORATION LIMITED

CW/12466/2024 · 2025-02-12

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:6204] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12466/2024 M/s. Kanhiya H.p. Gas Rural Distributor, Through Its Sole Proprietor, Sh. Vishram Meena Having Its Office At Khasra No. 1514/1669, Village- Bhugor, Alwar (Rajasthan). ----Petitioner Versus 1. Hindustan Petroleum Corporation Limited, Jaipur L.p.g. Through Regional Manager, Having Its Registered Regional Office At Jeevan Nidhi-2, First Floor, LIC Investment Building (Phase-II), Ambedkar Circle, Bhawani Singh Road, Jaipur- 302005 (Raj.) 2. Hindustan Petroleum Corporation Limited, Jaipur LPG Through D.g.m. Jaipur, Having Its Registered Regional Office At Jeevan Nidhi-2, First Floor, LIC Investment Building (Phase-II), Ambedkar Circle, Bhawani Singh Road, Jaipur- 302005 (Raj.) 3. Deputy General Manager, And Duly Constituted Attorney, Jaipur Lpg Regional Office At Jeevan Nidhi-2, First Floor, LIC Investment Building (Phase-II), Ambedkar Circle, Bhawani Singh Road, Jaipur- 302005 (Raj.) 4. Executive Director-Lpg, Hindustan Bhawan, 8 Shoorji Vallabhdas Marg, Ballard Estate, Mumbai-400001. ----Respondents For Petitioner(s) : Mr. Anand Sharma Mr. Alam Sahni For Respondent(s) : Mr. Jai Prakash Gupta HON'BLE MR. JUSTICE SUDESH BANSAL Order 12/02/2025 1. Application for early listing filed by and on behalf of petitioner, is allowed. [2025:RJ-JP:6204] (2 of 3) [CW-12466/2024] 2. With consent of counsel for both parties, the writ petition has been heard finally at this stage. 3. By way of filing instant civil writ petition under Article 226 of the Constitution of India, petitioner has made following prayer:- “(i) Termination letter/ order dated 17.06.2024 issued by the respondents for terminating the Renewed Dealership Agreement may kindly be held arbitrary, illegal and against the principles of natural justice and same may kindly be set aside. (ii) The respondents may further be directed to restore the Renewed Dealership Agreement dated 23.05.2022 and to restitute the aforesaid LPG dealership of the petitioner by containing restoring all the consumers back to the petitioner and by restoring the supply of LPG cylinders to the petitioner. The respondents may also be directed to permit the petitioner to carry out all the works of LPG dealership agency pursuant to aforesaid Renewed Dealership Agreement dated 23.5.2022. (iii) The respondent corporation may be saddled with penalty for illegal unilaterally terminating the Dealership Agreement and Renewed Dealership Agreement; (iv) The actions taken by Respondent Corporation pursuant to termination letter dated 17.06.2024 may kindly be directed to be reversed at Respondent Corporation’s sole cost; (v) The respondents may also be restrained from taking any coercive against the petitioner and for effecting any recovery whatsoever in pursuance of aforesaid termination letter/ order dated 17.06.2024 and letter dated 12.07.2024 may also be quashed and set aside. (vi) Any order passed for action taken by the respondents during the pendency of the writ petition prejudicing the rights of the petitioner may kindly be taken on record and may also be quashed and set aside.” 4. It has been pointed out that after filing of the instant writ petition, an Arbitrator has been appointed by this Court vide order dated 20.09.2024 in S.B. Arbitration Application No.67/2024 and [2025:RJ-JP:6204] (3 of 3) [CW-12466/2024] the prayer made by the petitioner in the instant writ petition is subject matter in issue in the arbitration proceedings. Hence, petitioner is at liberty to raise a grievance and to press the prayer made in the instant writ petition in the arbitration proceedings before the Hon’ble Arbitrator. 5. Counsel for respondents has no objection in that respect. 6. In that view of the matter, this Court is not suppose to entertain the writ petition on merits and same is hereby disposed of with liberty to the petitioner to pursue the prayer before the Arbitrator in the arbitration proceedings. 7. Application (1/2024) stands disposed of accordingly. 8. Any other application(s), if pending, also stand disposed of. (SUDESH BANSAL),J NITIN /92