Samarjit Memorial Agency, through its partner, Ranjeet Singh, Bokaro v. Indian Oil Corporation Ltd. , Mumbai
2022-03-14
RAJESH SHANKAR
body2022
DigiLaw.ai
JUDGMENT : 1. At the request of learned counsel for the petitioner, the defects pointed out by the office are ignored. 2. The present writ petition has been filed for quashing the letter as contained in Reference No. RIDO/Samarjit/2021-22/4 dated 23.12.2021 (Anneuxre-11 to the writ petition) issued by the respondent No.2 whereby the petitioner’s LPG distributorship has been suspended w.e.f. 23.12.2021. 3. Learned counsel for the petitioner submits that the action of the respondents in suspending the LPG distributorship in question without providing an opportunity of hearing to the petitioner is illegal and arbitrary. The said action is also not in conformity with Clause 3.11 of Guidelines for Reconstitution of LPG Distributorship, 2020. It is further submitted that Ranjeet Singh, who has represented the petitioner in the writ petition, has two surviving sisters, namely, Usha Singh and Meena Singh, who have already relinquished their shares/right in M/s Samarjit Memorial Agency, Bokaro i.e. LPG distributorship in question. Copies of the affidavits sworn by Usha Singh and Meena Singh before the Notary dated 01.01.2022 & 03.01.2022 respectively relinquishing their shares in the L.P.G distributorship in question have been annexed as Annexure-9 to the present writ petition. Hence, the impugned letter dated 23.12.2021 issued by the respondent No.2 is liable to be set aside with a direction to the respondents to restore the said L.P.G distributorship. 4. Mr. Rahul Lamba, learned counsel for the respondents, refers to the impugned letter dated 23.12.2021 and submits that the respondent No.2 has considered the objection of Usha Singh and Meena Singh alleging that Ranjeet Singh has forged certain papers containing their signatures for which they have already made a complaint before the Superintendent of Police, Bokaro. They have also requested the respondent No.2 that if any document relating to ownership or partnership is produced before him, it should be ensured that the same contains their genuine signatures. The said objection has repeatedly been made by both the sisters of Ranjeet Singh which has led to issuance of the impugned letter dated 23.12.2021. Learned counsel for the respondents also refers to paragraph 16 of the present writ petition wherein the petitioner himself has admitted that subsequent to a Will executed by Late Raj Ballabh Singh, a probate case was filed by him before the learned Principal District Judge, Bokaro being Original Suit No. 08/2021 which is still pending. 5.
Learned counsel for the respondents also refers to paragraph 16 of the present writ petition wherein the petitioner himself has admitted that subsequent to a Will executed by Late Raj Ballabh Singh, a probate case was filed by him before the learned Principal District Judge, Bokaro being Original Suit No. 08/2021 which is still pending. 5. Heard learned counsel for the parties and perused the contents of the present writ petition. Though it has been stated in the writ petition that Usha Singh and Meena Singh have relinquished their respective shares in favour of their brother-Ranjeet Singh with respect to the LPG distributorship in question, yet perusal of the impugned letter dated 23.12.2021 issued by the respondent No.2 suggests that they have repeatedly requested the respondent No.2 not to act upon any document submitted by Ranjeet Singh containing their signatures. The respondent No.2 has also recorded their statements in the impugned letter dated 23.12.2021 that a complaint against Ranjeet Singh has already been made before the Superintendent of Police, Bokaro. Admittedly, Original Suit No. 08/2021 seeking grant of probate in pursuance of a Will allegedly executed by Late Raj Ballah Singh in favour of Ranjeet Singh is pending before the learned Principal District Judge, Bokaro. Hence, I see no infirmity in the impugned letter dated 23.12.2021 issued by the respondent No.2. 6. The present writ petition being devoid of merit is, accordingly, dismissed. 7. It is however observed that dismissal of the present wit petition as well as pendency of Original Suit No. 08/2021 before the learned Principal District Judge, Bokaro shall not come in the way of Ranjeet Singh, Usha Singh and Meena Singh to amicably resolve the dispute with regard to their shares in the LPG distributorship in question and reconstitution of the firm.