Dismissed

Hindustan Petroleum Corporation Ltd. v. M/s Sadbhavana H P Gas and Ors.

Patna HC26 Oct 2016L.P.A/1977/2016

Case brief

AI extract

What is this about?

In this Letters Patent Appeal, the High Court of Patna dismissed the appeal preferred by Hindustan Petroleum Corporation Ltd. against an interim order staying the termination of an L.P.G. dealership granted to the writ petitioner. The bench found no merit in the challenge.

What did the court decide?

The challenge to the interim order staying the termination of L.P.G. dealership has been dismissed.

Hindustan Petroleum Corporation Ltd. Vs M/s Sadbhavana… — Service and Employment | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Letters Patent Appeal No.1977 of 2016 Arising out of

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Civil Writ Jurisdiction Case No. 11915 of 2016

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=========================================================== Hindustan Petroleum Corporation Ltd. through Senior Regional Manager, Patna L.P.G. Region Office, 6th Floor, Lok Nayak Jaiprakash Bhawan, Dak Bunglow Chowk, District - Patna – 800001.

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.... .... Respondent- Appellant/s Versus

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M/s Sadhavna HP Gas, located near Nawada More, Janipur Road, Balmi, Dist : Patna - 801506 through its Proprietor, Smt. Nupur Srivastava W/o Ajeet Kumar Sinha, D/o Sushil Bhushan, R/o Resident of Road No. 39, Gardanibagh, Anishabad, Patna.

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..... .... Petitioner-Respondent/s

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Raj Kumar Chaudhary, son of unknown, Resident of C/O Chotan Singh, B.N.R. Pathrighat, Gulzarbagh, Patna - 800007.

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Sandeep Kumar, son of Shyam Balak Sinha, Resident of Flat no. 205/B Jyotipuram Apartment, Thana - Shastrinagar, Patna.

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…. … Respondents-Respondents. =========================================================== Appearance : For the Appellant/s : M/s. Chittaranjan Sinha, Senior advocate With Mr. Pankaj, Advocate For the Respondent/s : None

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=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA And

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL JUDGMENT

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(Per: HONOURABLE MR. JUSTICE HEMANT GUPTA)

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Date: 26-10-2016

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The challenge in the present Letters Patent Appeal is to an interim order passed by the learned Single Bench of this Court on 7^th of September, 2016 whereby the termination of Liquefied Petroleum Gas dealership on 29^th August, 2016 was stayed.

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The dealership was granted to the writ applicant in the year 2003. The said dealership was renewed for 10 years in the year

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Patna High Court LPA No.1977 of 2016 dt.26-10-2016

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2/2

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Later on, on the basis of a complaint that the Matriculation certificate produced by the writ applicant was fake, the dealership has been terminated. The learned Single Judge has given cogent reasons for grant of stay of the order of termination. A person, who has acted as a dealer for more than 13 years, is entitled to such indulgence. In the event the writ application is allowed, the irreparable loss and injury suffered by the writ applicant cannot be compensated. The learned Single Bench has found the balance of convenience and that she will suffer substantial injury in the event the stay is not granted.

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In view thereof, we do not find any merit in the present

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Letters Patent Appeal. The same is, therefore, dismissed.

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(Hemant Gupta, J.)

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(Ahsanuddin Amanullah, J.)

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Sunil/-

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AFR/NAFR	N.A.F.R.
CAV DATE	N. A.
Uploading Date	28.10.2016
Transmission Date

Hindustan Petroleum Corporation Ltd. v. M/s Sadbhavana H P Gas and Ors.

Case brief

What is this about?

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Hindustan Petroleum Corporation Ltd. v. M/s Sadbhavana H P Gas and Ors.

Case brief

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