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2025 DAILYLAW 32900 (MAD)

L.V.BHARANI KUMAR v. THE DIVISIONAL RETAIL SALES HEAD

WP/8121/2025 · 2025-10-08

M Dhandapani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.8121 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.10.2025 CORAM: THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.8121 of 2025 and WMP.Nos.9087, 9092, 9096 & 40943 of 2025 1.L.V.Bharani Kumar, Proprietor:M/s.Tiruppathi Vengatesa Agencies, Having Office at SF. No.280/1B, Tiruppur Main Road, Koduvai, Tiruppur District-638 660 2.M.Nataraj, Partner :M/s.Sree Parani Agencies, Having Office at Anuparpalayam, Pudur, Periyar Colony, Tiruppur District-641 652. ... Petitioners Vs. 1.The Divisional Retail Sales Head, M/s.Indian Oil Corporation Ltd., Coimbatore Divisional Office, Marketing Division, Indian Oil Bhavan, No.8/1079, Avinashi Road, Coimbatore-641 018. 2.M/s.Aravalli Agencies, No.1, KNS Garden, Parappalayam, Mangalam Road, Tiruppur District-614 604. ... Respondents https://www.mhc.tn.gov.in/judis W.P.No.8121 of 2025 Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to cancel the wrongly billed invoices on the petitioners without receipt of any indents or purchase orders, return the amounts of Rs.2,00,000/- each recovered from their trade accounts towards the same and continue to supply petroleum and lubricant products to the petitioners by raising invoices only against specific indents or purchase orders received from them. For Petitioners : Mr.V.B.R.Menon For Respondent-1 : Mr.R.Sreedhar, Standing Counsel For Respondent-2 : Mr.R.Ravi O R D E R This Writ Petition has been filed seeking a direction to the respondents 1 and 2 to cancel the wrongly billed invoices on the petitioners without receipt of any indents or purchase orders, return the amounts of Rs.2,00,000/- each recovered from their trade accounts towards the same and continue to supply petroleum and lubricant products to the petitioners by raising invoices only against specific indents or purchase orders received from them. 2. Heard the learned counsel for the parties. 3. The learned counsel for the petitioners submitted that the petitioners are forced by the respondents to take deliveries of the materials https://www.mhc.tn.gov.in/judis W.P.No.8121 of 2025 billed wrongly by the second respondent under the disputed invoices and when the same was refused by them, the second respondent refused to supply lubricants and other materials and the first respondent also sent a show cause notice dated 14.02.2025 seeking explanation for non adherence to directives of Corporation and non achievement of the lube sales target for the financial year 2024-25. He further submitted that the first respondent had debited a sum of Rs.2 lakhs from the accounts of each of the petitioners without any notice but however, during the pendency of the case, the same were returned to them. Moreover, he contended that the exercise of wrongly billing invoices shall not be repeated again by the respondents in future and also seeks a direction not to take any coercive action against them. 4. The learned counsel for the first respondent submitted that the amounts debited from the trade accounts of the petitioners have been refunded to them by the first respondent and hence, he submitted that the prayer sought for by the petitioners has become infructuous. 5. It is the stand of the petitioner that the amount of Rs.2 lakhs, which was wrongly debited, has since been refunded to the petitioner and, therefore, to that extent, no order is required to be passed by this Court on https://www.mhc.tn.gov.in/judis W.P.No.8121 of 2025 that score. However, insofar as the aspect of wrong billing is concerned, it is the stand of the petitioner that for refusal of purchase of items which have been wrongly billed, which were not ordered by the petitioner, the first respondent has initiated proceedings against the petitioner. When the petitioner has not ordered the materials, supply of the same by wrongly billing them is grossly illegal. In the above circumstances, the first respondent is directed not to initiate any proceeding against the petitioner and if any proceeding has been initiated, the first respondent is directed to close the said proceeding and the first respondent is further directed not to repeat the delivery of materials with wrongly billed invoices to the petitioner. 6. With the above observations and directions, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are also closed. There shall be no orders as to costs. 08.10.2025 Index: Yes/No NCC : Yes/No Order : Speaking/Non Speaking DP https://www.mhc.tn.gov.in/judis W.P.No.8121 of 2025 To 1.The Divisional Retail Sales Head, M/s.Indian Oil Corporation Ltd., Coimbatore Divisional Office, Marketing Division, Indian Oil Bhavan, No.8/1079, Avinashi Road, Coimbatore-641 018. 2.M/s.Aravalli Agencies, No.1, KNS Garden, Parappalayam, Mangalam Road, Tiruppur District-614 604. https://www.mhc.tn.gov.in/judis W.P.No.8121 of 2025 M.DHANDAPANI.J, DP W.P.No.8121 of 2025 and WMP.Nos.9087, 9092, 9096 & 40943 of 2025 08.10.2025 https://www.mhc.tn.gov.in/judis