B. KRISHNA MOHAN
Rayapati Sujini – Appellant
Versus
Union Of India – Respondent
ORDER :
Heard the learned Senior counsel for the petitioner, the learned Standing counsel for the respondent-oil corporation, the learned counsel appearing for the respondent –bank and the learned counsel appearing for the unofficial respondents.
2. The W.P.No. 12071 of 2023 was filed questioning the action of the respondent-Oil Corporation in re-constituting the LPG Distribution Agency Code No. 661837, M/s. Venkataramana Enterprises in its present form without including the petitioner as the sole owner in the re-constitution of the said agency and non payment of arrears also due to the petitioner.
3. The W.P.No. 17458 of 2023 was filed questioning the action of the respondent-bank for processing the application(s) made by the 4th respondent to open the savings bank account No.415714845 in the name of the petitioner’s husband and the Savings Bank Account No.7097764009 in the name of the petitioner in the capacity of the guardian and Administrator of the petitioner’s husband by allowing the respondent Nos. 4 to 6 to operate and maintain the said account numbers for the purpose of depositing and withdrawal of the amounts.
4. The learned Senior Counsel for the petitioner in both the cases
The court established that consent from legal heirs is essential for the reconstitution of a distributorship, particularly when mental capacity is in question.
Legal heirs of a deceased sole proprietor are entitled to reconstitute a distributorship without excluding other legal heirs.
Withdrawal of a writ petition without permission is deemed abandonment of the cause of action, affecting the maintainability of subsequent petitions.
The rejection of a partnership reconstitution application based on penalty demands is arbitrary and contrary to the Indian Partnership Act and applicable guidelines.
The nominee of a convicted distributor has the right to seek reconstitution of the distributorship as per the guidelines, even after the termination of the distributorship.
The court established that termination of a distributorship must adhere to due process and contractual obligations, emphasizing the need for prior consent in partnership arrangements.
The court's decision emphasized the importance of complying with the terms of the agreement and the reconstitution guidelines, highlighting the significance of producing necessary documents for partn....
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