IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
AJAY MOHAN GOEL, J
Mohinder Nath S/O Late Ram Krishan – Appellant
Versus
Indian Oil Corporation Limited Trrough Its Senior Divisional Retial Sales Manager – Respondent
Civil Writ Petition No. 5417 of 2014
Decided on : 29-11-2021
Constitution of India, 1950 – Article 226 - Partnership deed - Petrol Pump - Possessed land - Petitioner is that the he had raised a Petrol Pump on his owned and possessed land pursuant to his selection by respondent No. 1 as a dealer - Outlet is situated at National Highway -22 in District - Same was made functional by petitioner in name and style of M/S Jai Hind Filling Station, with petitioner being its sole proprietor - Respondent is the wife of a close family friend of petitioner -In year, she expressed interest to invest in Petrol Pump - It was mutually decided between petitioner and respondent No. 2 to form a partnership deed the purpose of running Petrol Pump, and for this purpose, market value of land exclusively owned and possessed by petitioner was assessed - In lieu of 40% share to be allotted to respondent No. 2 in partnership firm, said respondent was to pay to petitioner - Proposal to form this partnership firm was submitted to respondent No. 1, which accepted said proposal – Held, If one peruses the reply, which has been filed to the writ petition by Indian Oil Corporation, i.e. respondent No. 1, a perusal thereof clearly demonstrates that it stands mentioned therein that said respondent is supplying petrol and petroleum products to petrol pump in issue - De hors this fact, whether or not Petrol Pump in issue is to be continued supply of petrol and petroleum products is a matter intra petitioner, respondent No. 2 and respondent No. 1-Corporation, subject to agreements entered into between them and as entire issue is pending before learned Arbitrator, these two reliefs can also not be gone into by this Court in peculiar facts of case for reason that in garb of these two reliefs, petitioner cannot be permitted to run Petrol Pump claiming that he is sole proprietor thereof especially in view of fact that status of Petrol Pump is also subject matter of arbitration proceedings - Writ petition is held to be not maintainable - Writ petition is held to be not maintainable and is thus dismissed.
ORDER :
1. By way of this writ petition, the petitioner has prayed for the following substantive reliefs:-
(ii) For directing the respondent No. 1 to continue supplying petrol and petroleum products to the retail outlet of the petitioner as hereto before notwithstanding any dispute between petitioner and respondent No. 2 which is liable to be settled and can be settled or adjudicated upon in separate proceedings.
(iii) For issuing directing to the respondents to treat the partnership deed executed between petitioner and respondent No. 2 as non existent and to treat the petitioner as sole proprietor of the petrol retail outlet on NH-22 at Dharampur on Shimla-Kalka road.”
2. The case of the petitioner is that the he had raised a Petrol Pump on his owned and possessed land pursuant to his selection by respondent No. 1 as a dealer at Dharampur. The outlet is situated at National Highway -22 in District Solan. The same was made functional by the petitioner in the name and style of M/S Jai Hind Filling Station, Dharampur, with the petitioner being its sole proprietor. Respondent is the wife of a close family friend of the petitioner. In the year 2012, she expressed interest to invest in the Petrol Pump. It was mutually decided between the petitioner and respondent No. 2 to form a partnership deed for the purpose of running the Petrol Pump, and for this purpose, market value of the land exclusively owned and possessed by the petitioner was assessed at Rs.5,00,00,000/- (Rs. Five Crores). In lieu of 40% share to be allotted to respondent No. 2 in the partnership firm, said respondent was to pay Rs.2,45,00,000/- (Two Crores and Forty Five Lac) to the petitioner by 31.03.2014. The proposal to form this partnership firm was submitted to respondent No. 1, which accepted said proposal. Thereafter, the partnership deed as per format of respondent No. 1 was formed and registered on 25.4.2013. As per the petitioner, despite registration of the partnership deed and its acceptance by respondent No.1, the Petrol Pump continued to be operated by him as a sole proprietor and this was done with the knowledge of respondent No. 1, who did not object to the same. The partnership deed was to become workable only on the fulfillment of obligations on the part of respondent No. 2. According to the petitioner, this deed was never acted upon by the petitioner or respondent No. 1 or 2 for want of fulfillment of obligations by respondent No. 2. The partnership deed remained in abeyance and was treated as such even by respondent No. 1. An amount of Rs.2,45,00,000/-, which was to be paid by respondent No. 2, was not paid by her to the petitioner. She issued three cheques for an amount of Rs.75.00 Lac each, which were dishonoured on presentation. Respondent No. 2 did not invest in the running and operation of Petrol Pump. In the years 2006-07, unsecured loan of Rs.8.60 Lac given by respondent No. 2 on interest in favour of the petitioner was also not merged against her liability towards partnership firm. The sole proprietorship continued to repay the loan to respondent No. 2 with interest. The partnership firm which was at will of the partners, was eventually dissolved and terminated by the petitioner by issuance of notice to this effect to respondent No. 2 vide Annexure P-10, dated 112.4.2014 and vide Annexure P-11, dated 17.7.2014. The bank accounts of the firm work in the name of the petitioner in his capacity as sole proprietor. The return of the proceeds of the Petrol Pump were being reflected in the income tax returns of the petitioner only. The petitioner brought the fact of dissolution and termination of partnership deed to the
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