LAWS(ALL)-2015-12-173

MANOJ AGARWAL Vs. UNION OF INDIA AND ORS.

Decided On December 09, 2015
MANOJ AGARWAL Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) This writ petition has been filed praying for quashing of the order dated 27th August, 2013 (Annexure 7 to the writ petition) whereby the Hindustan Petroleum Corporation has not approved the request of the petitioner offering a reconstitution of the dealership and has also not resumed the supplies of kerosene for which the outlet was awarded.

(2.) According to the petitioner the said firm was reconstituted in terms of a family settlement between the partners of the firm and two of the partners Radhey Krishna Agarwal and Smt. Beena Agarwal retired from the firm through a registered deed of agreement on 31st July, 1982. Consequently, under the terms of the said deed their remained only two partners, namely Radhey Raman Agarwal and the petitioner Manoj Agarwal who are father and son respectively. The business of the firm was being carried out by these two partners and a fresh partnership is alleged to have been constituted under the deed dated 31st July, 1982. Thereafter the other two partners Sri Radhey Krishna Agarwal and Smt. Beena Agarwal had no right or interest left in the firm. Sri Radhey Krishna Agarwal also died in 1997 which fact was brought to the notice of the respondent Corporation. On such information the Corporation wrote a letter that since the dealership agreement would come to an end due to the said contingency, the supplies would be withheld but on a representation made by the reconstituted firm, the supplies were resumed on temporary basis. The transactions continued since 1997 onwards without any objection by the respondent Corporation and according to the petitioner such conduct on the part of the Corporation clearly shows that the Corporation had accepted the reconstituted firm with two partners, namely Radhey Raman Agarwal and the petitioner.

(3.) In 2013, Sri Radhey Raman Agrawal died on 12.6.2013 leaving behind a registered will deed in favour of the petitioner with regard to the share of partnership firm and business as well. The will is a registered will dated 24th April, 2013.