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KARDAK ETE
Biju Mahanta Borsaikia @ Biju Borsaikia W/o Late Dhananjoy Borsaikia – Appellant
Versus
Oil India Corporation Limited – Respondent
JUDGMENT :
KARDAK ETE, J.
1. Heard Mr. S. Parasar, learned counsel for the petitioner. Also heard Mr. A. Jahid, learned counsel for all the respondents.
2. By filing this petition, the petitioners have prayed for a direction to the respondents IOCL to allow and approve the re-constitution of LPG distributorship of M/s Oil Valley Gas Concern, Makum in favour of the petitioners without any insistence or inducting or submitting a fresh proposal along with the legal heir of late Bidya Prabha Borsaikia.
3. The brief facts of the case, shorn of unnecessary details, are that the petitioner No. 1 and petitioner No. 2, are the wife and son of late Dhananjoy Borsaikia ,who had operated LPG Gas Agency in the name and style M/s Oil Valley Gas Concern, Makum. While running the gas agency Dhananjoy Borsaikia had met with an immature death.
4. The petitioners have filed WP (C) 5586/2015 praying for a direction to the respondents IOCL to reconstitute the said LPG distributor M/s Oil Valley Gas Concern, Makum in the name of the petitioners as they are the legal heirs of late Dhananjoy Borsaikia.
5. In the said writ petition Smti Bidya Prabha Borsaikia, who was arrayed as respondent No. 4, the mother of L
Legal heirs of a deceased sole proprietor are entitled to reconstitute a distributorship without excluding other legal heirs.
The court established that consent from legal heirs is essential for the reconstitution of a distributorship, particularly when mental capacity is in question.
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.
Withdrawal of a writ petition without permission is deemed abandonment of the cause of action, affecting the maintainability of subsequent petitions.
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