M/S Gk Indane And ANR v. Andaman And Nicobar Administration And ORS
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/60/2024 IA No.CAN/1/2024 M/s G.K.Indane and Another Vs.
Andaman and Nicobar Administration and others Mr. D.C.Kabir Mr. Ajith Prasad ... for the appellants Mr. Shatadru Chakrabory Mr. Dibesh Dwivedi ... for the respondent nos.1&2 Ms. Anjili Nag ... for the respondent nos.3 to 6 November 18, 2024 [SR] Item No.3 1.
The appeal is directed against an order dated 7th October, 2024 passed in CAN/1/2024 by a Single Bench of this Court, vacating an interim order dated 12.08.2024 passed by an earlier Bench.
2.
The writ petition was filed by the Distributor of LPG, under the Indian Oil Corporation Limited.
3.
Mr. Deep Chaim Kabir has made three-fold arguments before this Court against the impugned order. (a) Firstly that the tenor of the impugned order indicates, impropriety on the part of the counsel for the writ petitioner.
(b) Secondly, there is, in fact, no provision for suspension of the licence under the Marketing Discipline Guidelines, 2022.
(c) Thirdly, there is, in fact, no suppression of materials filed before the Single Bench as has been held in the
impugned order. All documents referred by the Single Bench in the impugned order are in fact annexed to the writ petition.
4.
It appears to this court that the affidavits-in-opposition have been filed to the writ petition. The writ petitioner may file reply thereto within a period of two weeks from date. 5.
All and any statements that may lead to any suggestion of impropriety on the part of the counsel of the writ petitioner, shall be read otherwise. They shall not be treated as any willful or deliberate action on the part of the counsel for the writ petitioner.
6.
The observations made by the Single Bench on the merits of the case in the impugned order vacating the original interim order shall be treated as only tentative.
7.
The order of suspension of Distributorship shall, however, continue and the Indian Oil Corporation shall continue to cater to the needs of the consumer through other distributor and shall abide by the final result of the writ petition. 8.
This court has not expressed any opinion on the propriety of the order of suspension. The Single Bench shall be free to proceed in the matter and decide the writ petition in accordance with law, uninfluenced by any observations made by this Court. 9.
The appeal being MAT/60/2024 and CAN/1/2024 stand disposed of.
10.
Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities. ( Rajasekhar Mantha, J. ) ( Partha Sarathi Sen, J. )