Writ petition to compel LPG supply was closed. Court directed signed cheques for payment and advised sleeping respondent partner to resort to arbitration clause.
Petition closed. Payments to be made via NEFT/RTGS after cheques signed. Fifth respondent advised to go to arbitration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 17.02.2020
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
W.P.No.560 of 2020
and
W.M.P.Nos.656 and 659 of 2020
1.M/s.Gas Links, A Partnership Firm, No.76/1, (Old No.33), Ormes Road, Kilpauk, Chennai-600 010. Represented by its Partner Mrs. Afroz Sheriff 2.Afroz Sheriff No.76/1, (Old No.33), Ormes Road, Kilpauk, Chennai-600 010. 3.G.M.Syed Nurullah Sheriff, (Sleeping Partner) No.76/1, (Old No.33), Ormes Road, Kilpauk, Chennai-600 010. .. Petitioners ..Vs.. 1.Indian Oil Corporation Ltd., Corporate Office, 3079/3, JB Tito Marg, Sadiq Nagar, New Delhi-110049. Represented by its Chairman. 2.Executive Director-Marketing, Indian Oil Corporation Ltd., Indian Oil Bhavan, G-9, Ali Yavar Jung Marg, Banda East, Mumbai, Maharastra-400 051. 3.Executive Director, Tamil Nadu State Office, Indian Oil Corporation, No.139, Uthamar Gandhi Raod, Nungambakkam High Road, Chennai-600 034.
4.Deputy General Manager, Indane Area Office Chennai, Indian Oil Corporation, No.500, Anna Salai, Teynampet, Chennai-600 018.
Partner, M/s. Gaslinks, Ceebros Shyamal Gardens, Block-4/4A,
Saligramam, Chennai-600 093.
... Respondents
PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to supply loads of liquid petroleum gas (LPG) cylinders to the first petitioner firm accepting payment via current account No.050611100004711, Andhra Bank, Shenoy Nagar branch of the second petitioner or in an alternative by advance Demand Drafts.
For Petitioners : Mr.Niranjan Rajagopalan
For Respondents : Mr.Mohamed Fayaz Ali for R1 to R4 Mr.S.Vijayakumar for R5
O R D E R
The petitioner has filed the present Writ Petition for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to supply loads of liquid petroleum gas (LPG) cylinders to the first petitioner firm accepting payment via current account No.050611100004711, Andhra Bank, Shenoy Nagar branch of the second petitioner or in an alternative by advance Demand Drafts.
2.The writ petition should never have been filed before this Court.
3.In the affidavit filed in support of the writ petition, it is stated that the first petitioner was constituted in the year 1985 and Subsequently, reconstituted by partnership deed dated 01.04.2003. As per the holding pattern, the petitioner holds 40%, the fifth respondent holds 50% and the third petitioner holds the remaining 10%. The fifth respondent, who is to sign cheques along with the petitioners, refused to do so. These are the allegations raised by the petitioners in this petition. It is also stated that the respondents 1 to 4 had stopped continuing the supply of liquid petroleum gas (LPG) cylinders. Hence, the writ petition has been filed.
which the respondents 1 to 4 had stopped supplying loads of liquid petroleum gas (LPG) cylinders to the petitioner firm.
5.The writ petition was heard on 22.01.2020. Interim directions were given. Primarily the fifth respondent was requested to go over to the petitioner office on 22.01.2020 at 5.30 p.m., and sign the cheque.
6.The learned counsel for the fifth respondent stated today that on 22.01.2020, the fifth respondent went to the petitioners office at 5.30 p.m. and the petitioners and the fifth respondent signed the cheques, which were presented for supply of liquid petroleum gas (LPG) cylinders. Today it is informed that the said arrangements may can continue until further orders.
7.The learned counsel for the petitioner informed that the cheques are signed and then presented to the Branch Manager, Andhra Bank, Shenoy Nagar, Chennai, who then makes payment through NEFT to the respondents 1 to 4.
8.Mr.Mohamed Fayaz Ali, learned counsel appearing for the respondents 1 to 4 had agreed that payments may be made either through NEFT/RTGS and not through post dated cheques, as post dated cheques are not received by the Indian Oil Corporation.
9.Heard, both sides and perused the materials available on record.
11.The fifth respondent may take recourse to the clause relating to the settlement of disputes through the arbitration.
Accordingly, the writ petition is closed. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/Assistant Registrar(CS-VIII)
//True copy//
Sub Assistant Registrar
tta
To
1.The Chairman,
Indian Oil Corporation Ltd.,
Corporate Office, 3079/3, JB Tito Marg,
Sadiq Nagar, New Delhi-110049.
2.Executive Director-Marketing,
Indian Oil Corporation Ltd.,
Indian Oil Bhavan,
G-9, Ali Yavar Jung Marg,
Banda East, Mumbai,
Maharastra-400 051.
3.Executive Director,
Tamil Nadu State Office,
Indian Oil Corporation,
No.139, Uthamar Gandhi Raod,
Nungambakkam High Road,
Chennai-600 034.
4.Deputy General Manager,
Indane Area Office Chennai,
Indian Oil Corporation,
No.500, Anna Salai, Teynampet,
Chennai-600 018.
+2ccs to Mr.S.Vijayakumar, Advocate SR.No.13366
+1cc to Mr.Mohamed Fayaz Ali, Advocate SR.No.13361
+1cc to M/s.G.R.Associates, Advocate SR.No.13855
W.P.No.560 of 2020
PP(CO)
GMY(19/03/2020)
3 issues framed by the court
Whether the Court should interfere with the agreement requiring the sleeping partner to sign cheques to continue LPG supply.
Whether to direct regular payments to the Group of Companies against the supply of IG LPG.
Whether the fifth respondent should be directed to resort to arbitration for dispute settlement.
M/s. Gas Links
Afroz Sheriff
G.M. Syed Nurullah Sheriff
Indian Oil Corporation Ltd.
Y. Syed Chand Basha
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
