← Library
Patna High CourtCWJC/2859/2021withdrawn

Tanweer Ahmad v. M/S Hindustan Petroleum Corporation Limited

2022-03-08The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2859 of 2021 ====================================================== Tanweer Ahmad S/o Shri Naqui Ahmad, Resident of Village - Muria, P.O. - Muria, P.S. Sadar (Bhalpatti O.P.) District - Darbhanga, Proprietor of M/s Muria HP Gas Gramin Vitrak, Muria, District - Darbhanga, Bihar - 847115. ... ... Petitioner/s

Versus

1.

M/s Hindustan Petroleum Corporation Limited through its Chairman and Managing Director, 17, Jamshedji Tata Road, Mumbai - 400020. 2.

The Chairman and Managing Director, Hindustan Petroleum Corporation Limited, 17, Jamshedji Tata Road, Mumbai - 400020. 3.

The Executive Director - PLG, Hindustan Petroleum Corporation Limited, Shoorji Vallabhdas Marg, P.O. Box No. 155, Mumbai - 400001. 4.

The Chief Regional Manager, Purnea L.P.G. Regional Office, Hindustan Petroleum Corporation Limited, Industrial Growth Centre, Manager, Purnea - 854301.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratnesh Kumar Singh, Advocate For the Respondent/s :

Mr.Neeraj Kumar Gupta, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 08-03-2022 Heard learned counsel for the parties.

Petitioner has prayed for following relief:- "For issuance of appropriate writ or writs, order or direction for quashing of the order contained in Letter vide Ref: PULRO/TRS dated 01-02-2020 issued by the respondent no.4, by which "H.P. Gas (LPG) Dealership Agreement dated 30-08-2014 of M/s. Muria HP Gas

Patna High Court CWJC No.2859 of 2021 dt.08-03-2022 2/3 Gramin Vitrak, Muria, Darbhanga has been terminated, and also for quashing of consequential order dated 23-10-2020 passed by respondent no.2, communicated through Letter vide Ref: LPG/BRD dated 24-10-2020 issued by the respondent no.3, by which above decision to terminate the LPG Dealership of M/s Muria HP Gas Gramin Vitrak, Muria, Darbhanga, Bihar has been upheld."

After the matter was heard for some time, finding the Court not in favour of the submissions made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner will be content if the petitioner is permitted to withdraw the present petition, with liberty to initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law, including invoking the arbitration clause (38), as contained in the agreement dated 30.08.2014 entered into between the parties Prayer allowed.

It stands clarified that all issues of fact and law are left open to be adjudicated by the competent authority. The petition is disposed of as withdrawn with the liberty aforesaid.

Patna High Court CWJC No.2859 of 2021 dt.08-03-2022 3/3 Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/-Ranjan AFR/NAFR NAFR CAV DATE NA Uploading Date 10.03.2022 Transmission Date NA