Bombay High CourtWP/6769/2024allowed

Priti Motiram Gedam And Another v. Indian Oil Corporation Thr. Head Of Divisional Office Indian Oil Corporation, Nagpur

2024-11-22Hon'Ble Shri Justice Avinash G. Gharote , Hon'Ble Shri Justice Abhay J. Mantri2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 6769 OF 2024 ( Priti Motiram Gedam and another ..vs.. Indian Oil Corporation, Nagpur ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Abhay Sambre, Counsel for the petitioner. CORAM : AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.

DATE : 22-11-2024 Heard Mr. Abhay Sambre, learned Counsel for the petitioner. The petition questions the communication dated 31-5-2024 issued by the respondent No.1 rejecting the candidature of the petitioner for being awarded a retail outlet dealership at the area indicated therein, on the ground that the affidavit as per Appendix III, which requires the family members to grant their consent in case the property is a joint family property, to the person making the application to be granted dealership, was sworn in after the date of the application, the date of the application being 23-9-2023 and the dates of the affidavits being 25-9-2023; 26-9-2023; and 02-10-2023, the last date of submission of the application for dealership being 17-10-2023, the extended date.

Relying upon the note in the application format, it is contended that the affidavits were not be uploaded along with the application, but were to be submitted/uploaded as and when asked by the respondent-corporation and in any case, since the affidavits were ready with the petitioner before the last date of the application, the rejection is unjustified.

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Issue notice for final disposal, returnable on 06-12-2024.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) adgokar Signed by: MR. P.M. ADGOKAR Designation: PS To Honourable Judge Date: 22/11/2024 18:45:20