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IN THE HIGH COURT AT CALCUTTA
SUBHENDU SAMANTA
Nilima Pal – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge against oil companies' circular (Para 1 , 2 , 3 , 4) |
| 2. petitioner's argument on new circular (Para 5 , 6 , 7 , 8) |
| 3. respondents' justification of policy decision (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. legal context on policy decisions (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 5. court observations on interim order (Para 24 , 25 , 26) |
| 6. issuance of interim order (Para 27 , 28) |
JUDGMENT :
Subhendu Samanta, J.
1. The petitioner is the distributor of Liquefied Petroleum Gas (in short, “LPG”), who is distributing cylinders of respondent, oil marketing companies to the customers. The petitioner challenges the circular dated 21st February, 2025 on marketing restructuring and customer transfer policy issued by three leading Oil Marking Companies, namely, Indian Oil Corporation Limited (in short, “IOCL”), Bharat Petroleum Corporation Limited (in short, “BPCL”) and Hindustan Petroleum Corporation Limited (in short, “HPCL”).
2. It is the contention of the petitioner that on the earlier occasion, the oil marketing companies have issued circular under the same nomenclature on 4th January, 2018 and 9th January, 2018 respectively regarding the policy of customer trans
Policy decisions regarding the transfer of LPG customers must respect distributor rights and judicial precedents, emphasizing judicial restraint unless legal violations are evident.
The court upheld the Oil Marketing Companies' authority to transfer customers among distributors, affirming that the policy serves constitutional objectives of equitable resource allocation and does ....
The court found an error in interpretation that led to an improper stay order and allowed the review petition.
The court determined that unilateral delivery of commercial cylinders exceeded contractual obligations, infringing the petitioners' right to conduct business, while the presence of an arbitration cla....
Distributors cannot charge additional transportation fees without statutory backing or without adhering to the terms of their distributorship agreement.
The court affirmed that adherence to procedural guidelines and prior court orders is essential in administrative decisions regarding distributorship licenses.
Point of Law : Scheduled Tribes - Reservation/ Guidelines - LPG Distributorship - Selection of - Unless this petition was a PIL, such contentions of petitioner without having a cause of action, would....
When the distribution network of the present petitioner and the respondent no. 3 Society, who has a number of fair price shop retailers under its aegis.
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.
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