LAWS(P&H)-2021-12-127

JASLEEN Vs. UNION OF INDIA

Decided On December 14, 2021
Jasleen Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This judgment shall decide aforementioned two writ petitions as the issues raised therein are inter-related. CWP-6595-2021

(2.) The petitioner was married with one Flight Lieutenant A.K. Aggarwal who was serving in the Indian Air Force. He died in an air crash in the year 1987. Being the widow of a Defence Personnel, she applied for Liquefied Petroleum Gas (LPG) dealership. The application was accepted and allotment letter dtd. 24/7/1987 was issued followed by a Letter of Intent dtd. 19/8/1987. Dealership agreement was signed between the parties only on 22/5/2008, a copy of which is Annexure P-1 on the record. The agreement was for a period of 10 years. It has been extended from time to time. The last extension was made vide agreement dtd. 25/10/2018, a copy of which is Annexure P-4 on the record. This agreement is valid upto 24/10/2023. Meanwhile, on account of domestic compulsions and death of her father, who was residing in the United States of America alongiwth the mother of the petitioner, the petitioner had to frequently travel abroad. The mother also passed away and the petitioner re-married a person living in the United States of America. Thereafter, she applied for and was granted citizenship. The Consulate General of India, Chicago, USA, registered her as an Overseas Citizen of India on 10/6/2013, copy of which is Annexure P-2 on the record. It appears that in her absence, her brother managed the affairs of the dealership.

(3.) The petitioner thus, sought for re-constitution of the dealership by including her sister-in-law, namely, Mrs. Gurpreet Kaur as a partner.