KANNAPPAN ENTERPRISES Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner-Thiru. Kannappan, son of the Fourth and Fifth Respondents established a Sole Proprietary Concern in the name and style of "Kannappan Enterprises" and entered into a Dealership Agreement, dtd. 21/10/2005 with Reliance Industries Ltd. for a period of twenty years, i.e., upto 21/10/2025 to carry on the business of a Petroleum Retail Outlet. In December 2017, Kannappan Enterprises was converted into a Partnership Firm. The Parents, namely, R4 & R5 were inducted as Partners. A new Dealership Agreement, dtd. 1/4/2018 was entered. According to the Petitioner, the Parents retired from the Firm after receiving a sum of Rs.33.00 lakhs towards full and final settlement. They entered a Memorandum of Understanding, dtd. 26/4/2021. Thereafter, the Firm was reconstituted and two new Partners were inducted.

(2.) Disputes arose subsequently between the Petitioner on the one hand and the parents on the other. The Third Respondent-M/s. Reliance BP Mobility Limited, which was supplying Petroleum products stopped their supply after March 2022 to the Petitioner-Firm. The Third Respondent took the stand that their prior consent was not taken before reconstitution of the Firm. It is also seen that Thiru. Sekkappan had lodged Complaints with the Third Respondent. In these circumstances, this Writ Petition for directing M/s. Reliance BP Mobility Limited to continue to supply Petroleum products to the Petitioner came to be filed.

(3.) The Petitioner also filed W.M.P.(MD) No.9391 of 2022 seeking Interim Relief. On 4/7/2022, the following Interim Order was passed: