Page No.# 1/5 GAHC010071512026 2026:GAU-AS:5229 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2034/2026 MS NAVADEEP GAS SERVICE REPRESENTED BY ITS PROPRIETOR SMT. MINAKSHI SAIKIA, AGED ABOUT 61 YEARS, W/O LATE RAJEEV SAIKIA, R/O HOUSE NO 189-(A), SAIKIA COMPLEX, GANESHGURI CHARIALI, DISPUR, KAMRUP (M), PIN 781006, ASSAM. VERSUS THE INDIAN OIL CORPORATION LIMITED AND 4 ORS REPRESENTED BY ITS MANAGING DIRECTOR, HAVING ITS REGISTERED OFFICE AT INDIAN OIL BHAVAN, G- 9, ALI YAVAR MARG, BANDRA (EAST), MUMBAI -400051 2:THE INDIAN OIL ASSAM OIL DIVISION INDIAN OIL CORPORATION LIMITED NORTH GUWAHATI LPG BOTTLING PLANT P.O- COLLEGE NAGAR ABHOYPUR NORTH GUWAHATI PIN- 781031 ASSAM 3:THE CHIEF MANAGER (PLANT) INDIAN OIL CORPORATION LIMITED NORTH GUWAHATI LPG BOTTLING PLANT P.O- COLLEGE NAGAR ABHOYPUR NORTH GUWAHATI PIN- 781031 ASSAM Page No.# 2/5 4:THE DEPUTY GENERAL MANAGER LPG SALES INDIAN OIL CORPORATION LIMITED NORTH GUWAHATI LPG BOTTLING PLANT P.O- COLLEGE NAGAR ABHOYPUR NORTH GUWAHATI PIN- 781031 ASSAM 5:THE DEPUTY GENERAL MANAGER (PLANT) INDIAN OIL CORPORATION LIMITED NORTH GUWAHATI LPG BOTTLING PLANT P.O- COLLEGE NAGAR ABHOYPUR NORTH GUWAHATI PIN- 781031 ASSA Advocate for the Petitioner : MR. K N CHOUDHURY, MR. R M DEKA,MR. D J DAS,N GAUTAM,MR. TANUZ KASHYAP Advocate for the Respondent : SC, I O C, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 07-04-2026 Heard Mr. R.M. Deka, learned counsel for the petitioner and Mr. M. Sharma, learned Standing Counsel, IOC Limited for all the respondents. 2. Having regard to the issues involved in the instant writ petition and considering the fact that two writ petitions involving similar issues have already been disposed of earlier, this writ petition is taken up for consideration at the motion stage itself, as agreed to by the learned counsel for the parties. Page No.# 3/5 3. The petitioner is an authorized distributor of Liquefied Petroleum Gas [LPG] cylinders of the respondent IOC Limited since 1985 and it runs a business in the name of M/s Navadeep Gas Service, having its head office at Maligaon, Goushala. There are approximately 28,000 nos. of LPG customers under the petitioner’s distributorship. 4. On 13.02.2025, a notice was issued to the petitioner alleging violation of Clause 23[a] of the ‘Indane’ [Liquified Petroleum Gas] Distributorship [Domestic & Commercial] Agreement and it was alleged that an amount of Rs. 32,54,218.58 was incorrectly credited to the petitioner’s account. In the Notice, it was mentioned that while returning Market Return Cylinder, there was a requirement to sign the Equipment Return Voucher [ERV] by the representative of the distributor and the transporter i.e. the driver of the truck. It was mentioned that a review had revealed that credit had been passed to the petitioner’s PAD account for the empty cylinders returned which was equivalent to 43.56 MT of LPG and amounted to a total of Rs. 32,54,218.58. Stating that the credit was made incorrectly into the petitioner’s PAD account due to non- signing of the ERV slips, the said amount was sought to be recovered in the manner indicated in the Notice dated 13.02.2025. 5. On receipt of the Notice, the petitioner on 18.02.2025, sought one week’s time to file its reply along with the supporting documents. When the petitioner was informed about the date of personal hearing as 11.06.2025 by an e-mail dated 10.06.2025, the petitioner on 10.06.2025 itself sought for fixation of the date of personal hearing after at least 15-20 days as there was bereavement in the family of the petitioner. 6. According to the petitioner, the situation rested in such position with no Page No.# 4/5 further communication from the end of the respondent IOC Limited till 10.03.2026. On 10.03.2026, an amount of Rs. 2,84,744/- stood debited from the PAD account of the petitioner and it is reflected that the said amount has been debited as recovery of excess Market Return. It does transpires that the recovery made on 10.03.2026 is relatable to the Notice dated 13.02.2025. 7. Mr. Deka, learned counsel for the petitioner has referred to two Orders dated 04.04.2025 and dated 08.08.2025 passed in writ petitions, W.P.[C] no. 1804/2025 and W.P.[C] no. 4483/2025 by coordinate benches. He has submitted that the petitioner may be granted the same opportunity as extended to the petitioners therein. As the demand has been made by the respondent IOC Limited in the Notice dated 13.02.2025 on the basis of ERV slips, the petitioner should also be provided with the copies of the ERVs on the basis of which the claim of Rs. 32,54,218.58 has been made. 8. Mr. Sharma, learned Standing Counsel, IOC Limited has submitted that the instant writ petition can be disposed of in similar lines, though the petitioner has approached belatedly after the Notice dated 13.02.2025. He has further submitted that if the ERV slips are voluminous, then, the petitioner can be granted liberty to inspect the same in the office and to take required notes for the purpose of submitting the reply. 9. Having taking into consideration the Orders dated 04.04.2025 and dated 08.08.2025, which are passed in writ petitions with the petitioners therein similarly situated, this Court is of the considered view that instead of keeping this writ petition pending, the same can be disposed of in similar lines with the following direction :- Page No.# 5/5 [i] The representative of the petitioner shall appear before the respondent no. 3 at 10-30 a.m. on 20.04.2026. The respondent no. 3 shall provide the ERV slips on the basis of which the respondent Corporation had issued the Notice dated 13.02.2025. [ii] The petitioner is given the liberty to submit the reply on or before 11.05.2026. [iii] The respondent Corporation shall pass appropriate order[s] duly taking into consideration the reply to the Notice, if so submitted by the petitioner thereupon. [iv] Till such decision is taken, the respondent authorities shall not proceed with debit/deduction from the entitlement of the petitioner. 10. As an amount of Rs. 2,84,744/- has already been deposited from the PAD account of the petitioner on 10.03.2026, the return or otherwise of the said amount will abide by the decision to be taken by the respondent authorities in terms of the above directions. 11. This Order disposes of the writ petition. JUDGE Comparing Assistant