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SUPREME COURT OF INDIA
Ranjan Gogoi, Prafulla C. Pant, JJ.
Bharat Petroleum Corporation Ltd. and Others – Appellant
Vs.
Meet Kalhar – Respondent
C.A. No. 6677 of 2015 (Arising out of SLP(C) No. 2611 of 2015)
Decided On : 28-08-2015
Acquittal - Challenged in writ petition filed - Notwithstanding above decision was taken by Appellants to the effect that Respondent did not have minimum liquid fund as on date of application which decision was challenged in writ petition filed before the High Court – Held, High Court in impugned order took view that as issue of joint account and acceptance thereof had not been mentioned in order dated rejecting application of the Respondent-writ validity of order impugned in the writ petition has to be necessarily judged on basis of reasons given and such reasons cannot be enlarged or supplemented - High Court also took the view that in any event joint account in name of Respondent-writ Petitioner and his brother did not run contrary to provisions and that the Guidelines have to be understood application of the principles of purposive interpretation having regard to underlying objective thereof - There can be no manner of doubt that Appellant as the grantor can lay down guidelines and parameters on basis of which applications for grant of distributorship is to be considered - So long such guidelines and parameters are not found to unreasonable or ex facie irrelevant the Appellant would have right insist on compliance thereof - In present case Clauses Guidelines were not challenge in the writ petition filed - said guidelines lay down requirements as to availability of finance in hands of applicant making an application for grant of distributorship - finance shown to be available could also be jointly with members of the family as defined in the guidelines. In this regard will be required to notice that the definition of Family has been spelt out by the guidelines depending on the marital status of the applicant - If the applicant is a married person the definition of family unit in Clause Guidelines does not take within its fold an unmarried brother or sister - Not only legality and legitimacy of said conditions have not been put to challenge in writ petition even otherwise court do not find the same to be either unreasonable or irrational Court therefore have to that it was within domain of the Appellants, as the grantor to lay down such conditions - Admittedly Respondent-writ Petitioner did not satisfy laid down conditions inasmuch though he is a married person he had indicated the availability of required funds in joint account in Oriental Bank of Commerce which he held with his brother – Appeal allowed
JUDGMENT :
1. Leave granted. The challenge herein is against the order dated 13th October, 2014 passed by the High Court of Allahabad by which the writ petition filed by the Respondent herein has been allowed and the order dated 23rd March, 2013 passed by the Appellant No. 2 rejecting the application of the Respondent for grant of L.P.G. Distributorship at Meerut under the open category was set aside. Consequential directions were also issued by the High Court to consider the application of the Respondent-writ Petitioner for grant of distributorship in accordance with the findings and observations recorded in the order of the High Court.
2. The application of the Respondent-writ Petitioner for grant of distributorship was rejected on the round that the Respondent did not have minimum liquid funds of Rs. 15 lakhs as on the date of the application. This was notwithstanding the fact that the Respondent-writ Petitioner had shown a total of Rs. 40,14,534.00/- as available with him against column No. 11 of the application form. Out of the said amount while an amount of Rs. 2,08,328.00/- was shown to be available in the bank account of the Respondent himself another amount of Rs. 54,026.00/- was shown as available in the joint account of the Respondent and his wife. An amount of Rs. 37,52,180.00/- was shown as available in the joint account of the Respondent and his brother Ankur Kalhar in the Oriental Bank of Commerce. Notwithstanding the above, the decision was taken by the Appellants to the effect that the Respondent did not have the minimum liquid fund of Rs. 15 lakhs as on the date of the application which decision was challenged in the writ petition filed before the High Court.
3. The above decision of the Appellants will necessarily have to be understood by a reference to Clauses 7.1(iv) and 7.1(v) of the Guidelines for selection of Regular LPG Distributors published by the Appellants. Clause 7.1(iv) defines "Family Unit" in the following terms:
"Family Unit" in case of married person/applicant, shall consist of individual concerned, his/her Spouses and their unmarried sons/daughters. In case of unmarried person/applicant, 'Family Unit' shall consist of individual concerned, his/her parents and his/her unmarried brothers and unmarried sisters. In case of divorcee, 'Family Unit' shall consist of individual concerned, unmarried sons/unmarried daughters whose custody is given to him/her. In case of widow/widower, 'Family Unit' shall consist of individual concerned, unmarried sons/unmarried daughters."
Clause 7.1(v) also will require specific notice and is therefore extracted below: "Having minimum total amount of Rs. 15 lakhs for Urban Markets and Rs. 10 lakhs for Urban-Rural & Rural Markets respectively as on the date of application. This amount is to be arrived at by adding amount in Savings Bank account in Scheduled Bank/Post Office, free and un-encumbered Fixed Deposits in Scheduled Banks, Post Office, Listed Companies/Government Organization/Public Sector Undertaking of State and Central Government, Kisan Vikas Patra, NSC, Bonds, Shares of Listed Companies, Listed Mutual Funds, ULIP, PPF, Surrender Value of Life Insurance policies in the name of Applicant or family members of the 'Family Unit' of the Applicant as defined above. In case of locations reserved under 'SC/ST' category, minimum total amount as on the date of application should be Rs. 5 lakhs for Urban Markets and Rs. 2.5 lakhs for Urban-Rural & Rural Markets respectively."
4. The sum total of the above requirements spelt out in the Guidelines is that for a distributorship in an Urban Market, with which the present proceedings are concerned, the minimum requirement of funds is Rs. 15 lakhs as on the date of the application which amount could be in a Savings Bank account in a Scheduled Bank/Post office. Under Clause 7.1(v), extracted above, the amount of Rs. 15 lakhs could also be available in other forms as mentioned in the said sub-clause details of which have not been
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