Federation All Maharashtra Petrol Dealer Association Thru. Uday Lodh v. Indian Oil Corporation Ltd Thru. G. M. And ANR

2025:BHC-AS:32302-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10200 OF 2025 Federation All Maharashtra Petrol Dealer Association

...Petitioner

V/s.

Indian Oil Corporation Limited through Chief General Manager, Maharashtra State Office and Anr.

...Respondents

______________ Mr. Sangramsingh R. Bhonsle with Mr. Siddharth A. Mehta, Ms. P.A. Bhonsle, Mr. Nrupal A. Dingankar, Mr. Naman Shreshtha, Mr. Sanmitra Pol and Ms. Harshada Shrikhande for the Petitioner.

______________ CORAM : ALOK ARADHE, CJ. & SANDEEP V. MARNE, J.

DATED : 30 JULY 2025.

P.C.:

1) Heard the learned counsel appearing for the Petitioner.

2) Taking into account the order which this Court is proposing to pass, it is not necessary to issue notice to the Respondents.

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3) Petitioner is an association of petrol dealers in State of Maharashtra. In this Petition, Petitioner inter alia seeks direction to Respondent No.1-Indian Oil Corporation to cancel and revoke the Expression of Interest ((EOI) dated 12 April 2025 for Bulk Petroleum Products-MS/HSD/ Branded fuels for Dealers /Consumers (Top Loading) Ex-Pune Terminal. Petitioner also seeks a direction to Respondent No.1 to restrain from allotting work to the bidders for supplies to the R.O. Dealers/consumers for the period of 2025-2030 in pursuance of the EOI dated 12 April 2025. Petitioner contends that the impugned EOI makes it mandatory to the dealer category bidders to work on the basis of the rates decided by the tendering authority with general category transporter.

4) The challenge to the EOI dated 12 April 2025 is mainly on the ground that the EOI does not disclose any details for the base rate for the transportation and therefore the EOI is void ab initio as it is an agreement without consideration. 5) The EOI was issued on 12 April 2025 for dealer category bidders. Last date for submission of the bids was 12 May 2025, which was extended to 12 June 2025. Members of the Petrol Dealers Association, Pune, have submitted their bids in response to the aforesaid EOI. Petrol Dealers Association, Pune, is a member of the Petitioner. The instant Writ Petition has been filed on 15 July 2025 i.e. after a period of three months from the publication of the EOI. Therefore, in the aforesaid facts and 2 of

circumstances of the case, we are not inclined to invoke the extra-ordinary discretionary jurisdiction of this Court under Article 226 of the Constitution of India in order to examine the challenge of the Petitioner to the EOI dated 12 April 2025. 6) At this stage, the learned counsel appearing for the Petitioner submits that the Petitioner be granted liberty to submit a fresh representation to Respondent No.1 with regard to its grievance and Respondent No.1 be directed to decide the representation submitted by the Petitioner.

7) In view of the aforesaid submission and in the facts and circumstances of the case we are inclined to grant an opportunity to the Petitioner to submit representation with regard to its grievance. It is directed that in case Petitioner submits representation within a period of two weeks, Respondent No.1 shall consider the representation submitted by the Petitioner by way of speaking order within a period of two weeks from the date of receipt of the representation. 8) With the above direction, Writ Petition is disposed of. It is made clear that we have not expressed any opinion on merits of the case.

[SANDEEP V. MARNE, J.] [ CHIEF JUSTICE] Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 31/07/2025 10:53:13 3 of