Disposed

M/S Indhan and 32 Ors. v. the Indian Oil Corporation Ltd. and 3 Ors.

Gauhati HC16 Mar 2025WP(C)/1469/2025

Case brief

AI extract

What is this about?

Writ petition by 33 LPG distributors challenging credit review communications from Indian Oil Corporation. Court referred objection on joint petition and directed authorities to extend reply time by 30 days and suspend deductions pending reply. Notice of personal hearing allowed.

What did the court decide?

Directed respondents to grant 30 days extension for petitioners to submit replies and supply requested documents; no debit/deduction to take place till reply filed and decision taken.

M/S Indhan and 32 Ors. Vs the Indian Oil Corporation… — Service and Employment | Gauhati HC (2025)

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GAHC010051922025

2025:GAU-AS:2756

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/1469/2025

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M/S INDHAN AND 32 ORS

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A PARTNERSHIP FIRM, HAVING ITS PRINCIPAL PLACE OF BUSINESS AT GURUDWARA ROAD, FOUZDARIPATTY, NAGAON, PIN-782001, ASSAM AND IS REPRESENTED BY ONE OF ITS PARTNERS, SRI HRISHIKESH SHARMA, SON OF LATE HEM KANTA SHARMA, AGED ABOUT-52

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2: DHAN SING DERA SON OF LATE MANSING DERA PROPRIETOR OF M/S. DERA INDANE GRAMIN VITARAK HAVING HIS PRINCIPAL PLACE OF BUSINESS AT VILLAGE P.O P.S.KHERONI DISTRICT-WEST KARBI ANGLONG ASSAM PIN-782448 ASSAM.

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3: M/S SUBHAJIT INDANE GAS A PARTNERSHIP FIRM HAVING ITS PRINCIPAL PLACE OF BUSINESS AT B BARUAH ROAD AMOLAPATTY NAGAON ASSAM PIN-782003 REPRESENTED BY ONE OF ITS PARTNERS SRI SUBHAJIT KUMAR BORAH SON OF LATE SUNIL KUMAR BORAH AGED ABOUT-39 YEARS. 4: MOUSHUMI PODDAR DASGUPTA WIFE OF SRI SANJIB DASGUPTA PROPRIETOR OF M/S. BABAMONI INDANE GRAMIN VITARAK HAVING HIS PRINCIPAL PLACE OF BUSINESS AT SONARIBALI SAMUGURI NAGAON

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PIN-782140 ASSAM. 5: RAINA MESH SON OF LATE LALIT MESH PROPRIETOR OF M/S. LALITMONI INDANE GRAMIN VITARAK HAVING HIS PRINCIPAL PLACE OF BUSINESS AT BANDAPARA BOKO KAMRUP ASSAM PIN-781135. 6: DEBASHISH GOSWAMI SON OF LATE DINESH GOSWAMI PROPRIETOR OF MS. PADMAJA GAS AGENCY HAVING HIS PRINCIPAL PLACE OF BUSINESS AT LACHIT NAGAR OPP. HANUMAN MANDIR GS.ROAD ULUBARI GUWAHATI-781007 DISTRICT- KAMRUP(M) ASSAM. 7: LALITA DAS DEVI WIFE OF SRI HERANDRA NATH PROPRIETOR OF M/S. UJJAL JYOTI GAS HOUSE HAVING HIS PRINCIPAL PLACE OF BUSINESS AT L.N B. ROAD MANGALDOI DISTRICT - DARRANG PIN-784125 ASSAM. 8: KAMRUZ ZAMAN SON OF MD. SAMSUZ ZAMAN PROPRIETOR OF M/S JAMUNAMUKH ZAMAN INDANE GRAMIN HAVING HIS PRINCIPAL PLACE OF BUSINESS AT JAMUNAMUKH SARUPATHAR ROAD NEAR INDIAN OIL PETROL PUMP P.O. AND P.S.-JAMUNAMUKH DISTRICT- HOJAI ASSAM PIN-782428.

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9: TAPAN LAHKAR SON OF SRI KARUNA KANTA LAHKAR PROPRIETOR OF M/S. SURENDRA INDANE GRAMIN VITARAK HAVING HIS PRINCIPAL PLACE OF BUSINESS AT VILLAGE AND P

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DWARKUCHI P.S-TAMULPUR DISTRICT- BAKSA ASSAM PIN-781376. 10: JOUSRANG BORO SON OF LATE JOYRAM BORO PROPRIETOR OF M/S. ODICHI INDANE GRAMIN VITARAK HAVING HIS PRINCIPAL PLACE OF BUSINESS AT DIMAKUCHI PO- DIMAKUCHI DISTRICT- UDALGURI BTC ASSAM PIN-784526 11: KHAGEN BORO SON OF LATE MADHA RAM BORO PROPRIETOR OF MS. HIRIMBA GAS AGENCY HAVING HIS PRINCIPAL PLACE OF BUSINESS AT KHARUPETIA PO KHARUPETIA DISTRICT- DARRANG ASSAM PIN-784115. 12: JITUMANI DAS SON OF SRI PRASANNA DAS PROPRIETOR OF M/S. BHUBAN INDANE GRAMIN VITARAK HAVING HER PRINCIPAL PLACE OF BUSINESS AT BAMUNDI SUALKUCHI DISTRICT-KAMRUP ASSAM PIN-781103. 13: GUNINDRA NATH DAS SON OF LATE SATISH DAS PROPRIETOR OF M/S. LAKSHMI GAS AGENCY HAVING HIS PRINCIPAL PLACE OF BUSINESS AT BARPETA TOWN DISTRICT- BARPETA ASSAM PIN-781301. 14: DHRUBA KODEL SON OF LATE TIKARAM KODEL PROPRIETOR OF M/S. GITA INDANE GRAMIN VITARAK HAVING HIS PRINCIPAL PLACE OF BUSINESS AT BHAWRAGURI NAGRIJULI

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TAMULPUR DISTRICT- BASKA ASSAM 15: M/S KAZIRANGA GAS SERVICES A PARTNERSHIP FIRM HAVING ITS PRINCIPAL PLACE OF BUSINESS AT A.T. ROAD BOKAKHAT DISTRICT - GOLAGHAT ASSAM PIN-785612 REPRESENTED BY ONE OF ITS PARTNERS SRI RATUL DAS SON OF LATE GANGADHAR DAS AGED ABOUT-49 YEARS. 16: JOYNARAYAN LOYING SON OF LATE HORIN CHANDRA PROPRIETOR OF M/S. LOYING INDANE GRAMIN VITARAK HAVING HIS PRINCIPAL PLACE OF BUSINESS AT VILLAGE- NO.1 JORAGURI P.O. JORAGURI DISTRICT- GOLAGHAT ASSAM. 17: AJIT DAS SON OF SRI SAILESH DAS PROPRIETOR OF M/S. AJIT INDANE GRAMIN VITARAK HAVING HIS PRINCIPAL PLACE OF BUSINESS AT JHARGAON P.O.-JHARGAON DISTRICT- MORIGAON ASSAM PIN- 782411 18: SANGITA PATOWARY WIFE OF SRI LAKSHI KANTA PATOWARY PROPRIETOR OF M/S SANGITA INDANE GRAMIN VITARAK HAVING HER PRINCIPAL PLACE OF BUSINESS AT BELSOR P.O.-BELSOR DISTRICT- NALBARI ASSAM PIN-781304. 19: ABU SALEH SON OF MD. SAMSUL HUDA PROPRIETOR OF M/S. JURIPAR INDANE GRAMIN VITARAK HAVING HIS PRINCIPAL PLACE OF BUSINESS AT VILLAGE- JURIPAR MOUZA- GARUBAT

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DISTRICT- NAGAON ASSAM PIN-782426. 20: AOMEREN JAMIR SON OF LATE TSUKTISOSANG JAMIR PROPRIETOR OF M/S. SUCCOTH GAS SERVICE HAVING HIS PRINCIPAL PLACE OF BUSINESS AT HARULONGPHER LUMDING DISTRICT-HOJAI ASSAM PIN 782447. 21: MUKUL DEKA SON OF SIR GIRINDRA NATH DEKA PROPRIETOR OF M/S. BAJALI INDANE AGENCY HAVING HIS PRINCIPAL PLACE OF BUSINESS AT HOUSE NO.9 PATHSALA WARD NO.3 P.O.-PATHSALA DISTRICT- BARPETA ASSAM PIN-781325 22: MAHENDRA HAZARIKA SON OF LATE JURENDRA HAZARIKA PROPRIETOR OF M/S RAN INDANE GRAMIN VITARAK HAVING HIS PRINCIPAL PLACE OF BUSINESS AT VILLAGE AND P.O.RANTHALI DISTRICT- NAGAON ASSAM PIN-782101. 23: M/S SIVAM GAS SERVICE A PARTNERSHIP FIRM HAVING ITS PRINCIPAL PLACE OF BUSINESS AT GREEN PARK COLONY MALIGAON GUWAHATI- 781012 ASSAM REPRESENTED BY ONE OF ITS PARTNERS SMT. PRIYANKA KALITA WIFE OF LATE ANUP CHANDRA KALITA AGED ABOUT-37 YEARS.

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24: M/S BHASKAR GAS AGENCY A PARTNERSHIP FIRM HAVING ITS PRINCIPAL PLACE OF BUSINESS AT PIYALI PHUKAN ROAD REHABARI GUWAHATI- 781008

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DISTRICT- KAMRUP(M) ASSAM REPRESENTED BY ONE OF ITS PARTNERS SMT. LEENA MAHANTA WIFE OF LATE GOPAL CHANDRA DEKA AGED ABOUT-61 YEARS. 25: PUNA RAM BORA SON OF LATE SUNAI BORA PROPRIETOR OF M/S UPABHOG INDANE AGENRY HAVING HIS PRINCIPAL PLACE OF BUSINESS AT JHARGAON MORIGAON ASSAM PIN-782411 26: SHANTA LAXMI CHOUDHURY WIFE OF LATE KHAGENDRA MOHAN CHOUDHURY AGED ABOUT-50 YEARS PROPRIETOR OF M/S. SUNRISE INDANE AGENCY HAVING HER PRINCIPAL PLACE OF BUSINESS AT BAREIGAON DISTRICT- TAMULPUR ASSAM PIN-781367 27: CHETRY PAHOH SUCHIANG WIFE OF LATE NOWELL PHAWA PROPRIETOR OF M/S. NOWELL GAS AGENCY HAVING HER PRINCIPAL PLACE OF BUSINESS AT LAD- SUTNGA P.O. KHLIEHRIAT DISTRICT-EAST JAYANTIYA HILLS MEGHALAYA PIN- 793200 28: WANDASHISHA MYLLIEMNGAP WIFE OF LATE MNONG KYNRIH PROPRIETOR OF M/S. MEGHALAYA GAS AGENCY HAVING HER PRINCIPAL PLACE OF BUSINESS AT T.S.S. ROAD MAWLAI SHILLONG MEGHALAYA PIN-7893017. 29: M/S TECHNICO A PARTNERSHIP FIRM HAVING ITS PRINCIPAL PLACE OF BUSINESS AT 56 FATIK CHANDRA ROAD UZANBAZAR GUWAHATI-781001

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DISTRICT- KAMRUP(M) ASSAM REPRESENTED BY ONE OF ITS PARTNERS SRI PRABHAKAR DE SON OF LATE CHANCHAL DE AGED ABOUT-58 YEARS. 30: SIKHAR GOSWAMI SON OF LATE AKHIL CHANDRA GOSWAMI PROPRIETOR OF M/S SARASWATI INDANE GRAMIN VITARAK HAVING HIS PRINCIPAL PLACE OF BUSINESS AT PATACHARKUCHI PO- PATACHARKUCHI DISTRICT- BARPETA ASSAM PIN-781326 31: M/S DEEPJYOI GAS AGENCY A PARTNERSHIP FIRM HAVING ITS PRINCIPAL PLACE OF BUSINESS AT PANDU PORT ROAD NEAR ADABARI TINIALI DISTRICT-KAMRUP METRO P.O- GUWAHATI-781012 REPRESENTED BY ONE OF ITS PAFTNERS MRS PRIYANKA ROY WIFE OF LATE SUDIP ROY AGED ABOUT-32 YEARS. 32: SANJU PHANGCHO SON OF LONGKI PHANGCHO PROPRIETOR OF M/S. PHULONI GAS AGENCY HAVING HIS PRINCIPAL PLACE OF BUSINESS AT PHULONI KARBI ANGLONG ASSAM PIN-782441. 33: DHOZEN NARZARY SON OF SRI ERAGDAO NAZARY PROPRIETOR OF M/S. DARRANGA GRAMIN VITARAK HAVING HIS PRINCIPAL PLACE OF BUSINESS AT VILLAGE- SASHIPUR DARANGAMELA P.O.-KUMARIKATA P.S.- TAMULPUR DISTRICT- BAKSA ASSAM PIN-781360 VERSUS THE INDIAN OIL CORPORATION LTD. AND 3 ORS

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HAVING ITS REGISTERED OFFICE AT INDIAN OIL BHAWAN, G-9, ALI YAVAR JUNG MARG, BANDRA(EAST), MUMBAI- 400051.

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2:THE INDIAN OIL - ASSAM OIL DIVISION INDIAN OIL CORPORATION LTD. NORTH GUWAHATI LPG BOTTLING PLANT P.O.-COLLEGE NAGAR ABHOYPUR NORTH GUWAHATI GUWAHATI-781031(ASSAM). 3:THE DY. GENERAL MANAGER LPG-SALES NORTH GUWAHATI LPG BOTTLING PLANT P O.-COLLEGE NAGAR ABHOYPUR NORTH GUWAHATI GUWAHATI-78 103 1(ASSAM) 4:THE DY. GENERAL MANAGER (PLANT) INDIAN OIL CORPORATION LTD. NORTH GUWAHATI LPG BOTTLING PLANT P.O.-COLLEGE NAGAR ABHOYPUR NOTTH GUWAHATI GUWAHATI-781031(ASSAM)

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Advocate for the Petitioner : MR K K MAHANTA (Sr. Advocate), S. K. GUPTA,MR. P SARMA,MR T C DAS,MR. O P BHATI

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Advocate for the Respondent : SC, I O C,

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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Date : 17.03.2025

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Heard Mr. K. K. Mahanta, learned Senior Counsel assisted by Mr. O. P. Bhati, learned counsel for the petitioners. Also heard Mr. M. K. Choudhury, learned Senior Counsel assisted by Mr. R. Gohain, learned counsel, for all the respondents.

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2. The petitioners are sole proprietors as well as partnership firms for sale of Liquefied Petroleum Gas (LPG) known as “Indane”. The petitioners before this Court are aggrieved with the Communications dated 13.02.2025, 14.02.2025, 18.02.2025, 19.02.2025, 20.02.2025, 24.02.2025, 25.02.2025 and 28.02.2025 issued by the DGM (Plant), North Guwahati, wherein, it is stated that the Indian Oil – AOD, Indian Oil Corporation Limited had a review of credits/debits passed to distributors/transporters on account of Market Return cylinders in the year 2023-24, which was carried out for North Guwahati BP. In the said review, it was revealed that the credit has been passed to the petitioners account for empty cylinders returned to the plant and the said credit was incorrectly passed into the petitioners’ account, since the ERV slips were not signed either by the transporter/distributor representative or by both, which is in violation of the prescribed Policy. The petitioners were accordingly directed to submit their explanation (with proofs/documents) within 7 (seven) days as to why the debit/deduction should not be raised against them.

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3. On receipt of the aforesaid Communications the petitioners made their separate replies on different dates before the Deputy General Manager (Plant), North Guwahati requesting for extension of time to submit an effective explanation with supporting documents.

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4. It is the case of the petitioners that the respondents are yet to respond to the request made by the petitioners and they are apprehending that the authorities would be deducting the amount specified in their separate Communications made to the petitioners.

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5. Mr. M. K. Choudhury, learned Senior Counsel, appearing on behalf of all the respondents submits that the petitioners could not have filed a joint petition inasmuch as the cause of action for all the petitioners are different. He also

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submits that the respondents are yet to debit/deduct the amounts specified in the separate Communications and are awaiting the reply of the petitioners.

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6. Considering the submissions made by the learned counsel for the parties, this Court proposes to dispose of this writ petition directing the respondents to grant an extension of 30 (thirty) days w.e.f. today to the petitioners for making their replies to the Communications made to them. The petitioners shall file their individual replies before the concerned authorities within the said extended period. The respondent authorities may also supply any documents that the petitioners may ask for, to enable them to submit their respective replies.

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7. Till the reply is filed within the stipulated period of 30 (thirty) days w.e.f. today and a decision is taken by the concerned authorities, it is made clear that there shall be no debit/deduction of the amount specified in the Communications dated 13.02.2025, 14.02.2025, 18.02.2025, 19.02.2025, 20.02.2025, 24.02.2025, 25.02.2025 and 28.02.2025. While considering the reply made by the petitioners, the respondents are at liberty to give a personal hearing to the petitioners.

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8. With the above observations and directions, this writ petition is disposed of.

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JUDGE

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Comparing Assistant

M/S Indhan and 32 Ors. v. the Indian Oil Corporation Ltd. and 3 Ors.

Case brief

What is this about?

What did the court decide?

M/S Indhan and 32 Ors. v. the Indian Oil Corporation Ltd. and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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