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M/s. Anbu HP Gas Agency, Rep by its Proprietrix, M. Kaveri v/s The Union of India, Rep. by its Secretary, Ministry of Petroleum and Natural Gas Commission, New Delhi & Others


Company & Directors' Information:- TO THE NEW PRIVATE LIMITED [Active] CIN = U72900DL2006PTC235208

Company & Directors' Information:- INDIA NATURAL GAS COMPANY PRIVATE LIMITED. [Dissolved] CIN = U23200MH1999PTC120457

Company & Directors' Information:- A R C INDIA PETROLEUM PRIVATE LIMITED [Active] CIN = U11202TG2009PTC063249

Company & Directors' Information:- GAS CORPORATION INDIA LIMITED [Strike Off] CIN = U40200BR1993PLC005536

Company & Directors' Information:- NATURAL GAS COMPANY PRIVATE LIMITED [Active] CIN = U23200MH1937PTC002629

Company & Directors' Information:- U T AGENCY PVT. LTD. [Active] CIN = U45203WB1991PTC052617

Company & Directors' Information:- KAVERI (INDIA) LIMITED [Amalgamated] CIN = U51909TG1984PLC031391

Company & Directors' Information:- KAVERI (INDIA) LTD. [Not available for efiling] CIN = L51909AS1984PLC002239

Company & Directors' Information:- S K H AGENCY PRIVATE LIMITED [Active] CIN = U52390TG2013PTC085384

Company & Directors' Information:- S R PETROLEUM PRIVATE LIMITED [Strike Off] CIN = U23200MH1999PTC122909

Company & Directors' Information:- O M AGENCY PRIVATE LIMITED [Active] CIN = U52321TN1961PTC004668

Company & Directors' Information:- S M AGENCY PVT LTD [Active] CIN = U51109WB1964PTC026129

Company & Directors' Information:- N. P. PETROLEUM LIMITED [Strike Off] CIN = U23201UP1995PLC018153

Company & Directors' Information:- R H PETROLEUM PRIVATE LIMITED [Active] CIN = U23209MH1996PTC101701

Company & Directors' Information:- G R AGENCY LTD [Strike Off] CIN = U51109WB1951PLC019409

Company & Directors' Information:- S N Q S AGENCY PRIVATE LIMITED [Active] CIN = U52110TZ1999PTC008761

Company & Directors' Information:- A & N AGENCY PRIVATE LIMITED [Under Process of Striking Off] CIN = U51909TN2003PTC052088

Company & Directors' Information:- A E AGENCY PRIVATE LIMITED [Active] CIN = U65993TN2000PTC044931

Company & Directors' Information:- S R W AGENCY PRIVATE LIMITED [Active] CIN = U52190WB2011PTC160006

Company & Directors' Information:- K L AGENCY PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC050493

Company & Directors' Information:- S B T AGENCY PVT LTD [Strike Off] CIN = U51103WB1965PTC026347

Company & Directors' Information:- DELHI GAS LIMITED [Strike Off] CIN = U40200DL1995PLC068380

Company & Directors' Information:- K S M PETROLEUM PRIVATE LIMITED [Active] CIN = U01120TZ1978PTC000800

Company & Directors' Information:- B L AND CO NEW DELHI PRIVATE LIMITED [Active] CIN = U74899DL1968PTC004910

Company & Directors' Information:- S B M AGENCY PRIVATE LIMITED [Active] CIN = U51504TN2004PTC052953

Company & Directors' Information:- A. M. PETROLEUM PRIVATE LIMITED [Strike Off] CIN = U51524MH2014PTC255581

Company & Directors' Information:- M P S AGENCY PVT LTD [Active] CIN = U51109WB1998PTC088149

Company & Directors' Information:- S V S PETROLEUM PRIVATE LIMITED [Active] CIN = U51909DL2002PTC116940

Company & Directors' Information:- A. G. AGENCY PRIVATE LIMITED [Strike Off] CIN = U51109DL2008PTC186212

Company & Directors' Information:- NEW INDIA CORPORATION PRIVATE LIMITED [Strike Off] CIN = U36999TN1940PTC001776

Company & Directors' Information:- S N AGENCY PVT LTD [Strike Off] CIN = U66010WB1989PTC047981

Company & Directors' Information:- V AND S AGENCY PRIVATE LTD. [Strike Off] CIN = U74999DL1986PTC025148

Company & Directors' Information:- NEW INDIA AGENCY PVT LTD [Strike Off] CIN = U51109WB1929PTC006394

Company & Directors' Information:- INDIA PETROLEUM COMPANY LIMITED [Dissolved] CIN = U99999MH1936PTC002453

Company & Directors' Information:- DELHI GAS CO. PVT. LTD. [Strike Off] CIN = U99999DL2000PTC003642

    W.P. No. 14421 of 2020 & WMP. No. 17908 of 2020

    Decided On, 02 February 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE

    For the Petitioner: Arl. Sundaresan, Senior Counsel, Al. Gandhimathi, Advocate. For the Respondents: R2 & R3, Vijayan for M/s. Kings & Patridge, Advocates.



Judgment Text

(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus forbearing the respondents 1 and 2 from in any manner transferring the existing customers of the petitioner to any other distributors.)1. This writ petition has been filed for a mandamus to forbear the respondents 1 & 2 from transferring the existing customers of the petitioner to any other distributors.2. The case of the petitioner is that arbitrarily and illegally, the respondents without any prior notice have transferred the customers of the petitioner to other distributors. It is the case of the petitioner that last such transfer made by the respondents was in respect of 8200 customers. It is also the case of the petitioner that under the contract entered into with the respondents 2 & 3, the petitioner had to work hard for getting more number of customers. According to the petitioner, only due to the hard work done by the petitioner, they were able to get more number of customers. However according to the petitioner, arbitrarily and illegally, the customers of the petitioners were being transferred by the respondents 1 and 2 to other distributors. In such circumstances, this writ petition has been filed for a mandamus to forbear the respondents 1 & 2 from transferring the existing customers of the petitioner to any other distributors.3. Heard Mr.Arl.Sundaresan, learned Senior Counsel representing Mr.Al.Gandhimathi, learned counsel for the petitioner and Mr.Vijayan, learned counsel for the second and third respondents. There is no representation on the side of the first respondent.4. Admittedly, the respondents have been transferring the customers of one distributor to other distributor based on “Market Restructuring - Transfer of Customers” Circular dated 04.01.2018. Admittedly, the petitioner has not challenged the said Circular till date. In this writ petition, without challenging the aforementioned Circular, the petitioner has only sought for mandamus to forbear the respondents 1 & 2 from transferring the existing customers of the petitioner to any other distributors.5. Learned counsel for the respondents 2 & 3 would submit that the said Circular was challenged by another distributor before the Division Bench of this Court and the said Circular was upheld by the Division Bench of this Court in W.P.(MD). No.12607 of 2017 dated 07.07.2017 and W.P.(MD).No.1963 of 2018 dated 13.03.2018. For this submission, learned Senior Counsel for the petitioner would submit that he was not a party to the said proceedings. He would further submit that aforementioned Circular was the subject matter of challenge before the Division Bench of Bombay High Court and the Division Bench of Bombay High Court has struck down the said circular by its order dated 30.09.2019 where the concerned public sector oil corporation was Bharat Petroleum. According to the learned Senior Counsel for the petitioner, since the circular has been struck down, the respondents are barred from transferring the existing customers of the petitioner.6. After hearing the submissions, this Court pointed out to the learned Senior Counsel for the petitioner that without challenging the aforementioned Circular, the prayer for mandamus in this writ petition is unsustainable. Learned Senior Counsel for the petitioner sought time to file an appropriate writ petition challenging the aforementioned Circular wherein the respondents were empowered to transfer the existing customers of the petitioner to other distributors.7. This Court after considering the rival submissions of the learned counsels on either side is of the considered view that the petitioner should not be deprived of an opportunity to challenge the aforementioned Circular. The petitioner was having the benefit of interim order granted by this court in WMP.No.17908 of 2020 wherein an order of interim injunction was granted to the petitioner on 07.10.2020 restraining the respondents 2 and 3 from transferring the existing customers of the petitioner to other distributors. Since the learned Senior Counsel for the petitioner on instructions would submit that the petitioner desires to file a separate writ petition challenging the aforementioned Circular, the interim injunction granted by this Court on 07.10.2020 in WMP.No.17908 of 2020 can be continued for a further period of two weeks from the date of receipt of a copy of th

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is Order to enable the petitioner to challenge the aforementioned Circular in accordance with law.8. In the result, this writ petition is disposed of and the interim injunction granted by this Court on 07.10.2020 in W.M.P.No.17908 of 2020 shall stand extended for a further period of two weeks from the date of receipt of a copy of this Order and the petitioner is granted liberty to challenge the “Market Restructuring - Transfer of Customers” Circular dated 04.01.2018 in accordance with law.
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