NARESH KUMAR Vs. INDIAN OIL CORPORATION

JUDGEMENT

(1.) Learned counsel for the parties have consented to address final arguments through video conferencing on account of restricted functioning of the Courts due to outbreak of COVID-19.

(2.) In the considered view of this Court, following three issues require adjudication:

(3.) In the year 1970, Bharat Petroleum Corporation Limited (hereinafter referred to as "BPCL") opened a retail outlet on a piece of land owned by Sh. Sat Parkash and Smt. Neelam Mittal. The aforesaid retail outlet of petroleum products was permitted to be operated by a partnership firm M/s Mittal & Company with Sh. Sat Parkash (25%), Naresh Kumar (writ petitioner) (25%) and late Sh. Jagdish Rai (50%), both sons of Sat Parkash, as partners. Sh.Jagdish Rai died on 07.02.1999. Thereafter, Smt. Neelam Mittal, widow of Sh.Jagdish Rai, was inducted in place of her late husband. The partnership was at Will. On 23.09.2003, BPCL was informed of reconstitution of the partnership firm as the writ petitioner Naresh Kumar and his father Sh. Sat Parkash decided to relinquish their share in the partnership business. On 26.09.2003, vide document (Annexure P17), the Territory Manager (Retail), Bhatinda informed the General Manager (North), BPCL about reconstitution of the firm with a recommendation that the resignation letters of both the partners be accepted and Smt. Neelam Mittal be allowed to run the retail outlet on temporary basis till completion of the reconstitution formalities. Pursuant thereto, on 02.10.2003 a deed of dissolution was signed by the partners noting that the firm stood dissolved w.e.f. 30.09.2003. Smt. Neelam Mittal on the same day i.e. 02.10.2003 along with Ramesh Kumar Bansal signed a new partnership deed agreeing to continue with the business with same name of the firm M/s Mittal & Company w.e.f. 01.10.2003. Consequently, vide communication dated 03.10.2003, a copy of the dissolution deed dated 02.10.2003 along with the required papers for reconstitution of the firm were submitted to the Territory Manager, BPCL. Further, vide communication dated 20.10.2003, a copy of dissolution deed was also forwarded to the Income-Tax Officer, Moga. A new bank account with HDFC Bank, Gill Park, G.T. Road, Moga, Punjab was opened, depicting with Smt. Neelam Mittal and Ramesh Kumar Bansal, as partners of M/s Mittal & Company. The writ petitioner has also produced the copies of income-tax returns for the assessment years 2004-05, 2005-06 and 2006-07 to support the fact that he did not continue as a partner in the firm after 30.09.2003.