HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Special Appeal Writ No. 946/2022

Devendra Singh Bhati, Partner M/s. Disha Murlipura Indane, 16-

A, Shiv Vihar, Opposite. Road No. 5, Vki Area, Sikar Road,

District. Jaipur Rajasthan, At Present Resident Of 1-B-7,

Opposite Champa Ram Jeweller, Pawanpuri, Bikaner (Raj.).

----Appellant

Versus

1.

Indian Oil Corporation Ltd., Through Chief General

Manager Rajasthan State Office At Ashok Chowk, Adarsh

Nagar, Jaipur, Raj. 302004.

2.

Senior Regional Manager Indian Oil Corporation Ltd.,

Jaipur Area Office, Spl 1297, Sitapura Industrial Area,

Jaipur, Raj.-302022.

3.

M/s. Disha Murlipura Indane, Through Its Partner

Meenakshi Shekhawat W/o Mr. Devender Singh, Shop No.

718, Srajan Pridhan Under Khatipura Bridge Jhotwara,

District Jaipur Rajasthan.

----Respondents

For Appellant(s)

:

Mr. Anil Jain with

Mr. Uday Shankar Acharya

For Respondent(s)

:

Mr. Sandeep Singh Shekhawat with

Mr. Akshay Dutt Sharma

Mr. Sandeep Pathak

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL

HON'BLE MRS. JUSTICE SHUBHA MEHTA

Order

20/01/2023

1.

Heard Mr. Anil Jain, learned counsel for the appellant and Mr.

Sandeep Singh Shekhawat & Mr. Sandeep Pathak, learned counsel

appearing for the respondents.

2.

The third respondent-appellant herein has preferred this

intra-court appeal against the judgment and order dated

(2 of 6)

[SAW-946/2022]

03.09.2021 of the Writ Court disposing of S.B. Civil Writ Petition

No.7348/2021-M/s Disha Murlipura Indane through its partner

Meenakshi Shekhawat Vs. Indian Oil Corporation Ltd. & Ors.

3.

The petitioner-respondent No.3 preferred the above writ

petition for quashing of the order dated 03.06.2021 passed by the

Indian Oil Corporation Ltd. (IOCL) suspending the supply of gas to

the petitioner-firm. The petitioner-firm had preferred the above

writ petition through one of its partner Meenakshi Shekhawat. In

the writ petition the third respondent, the appellant herein i.e.

Devendra Singh Bhati is the husband of the aforesaid partner

Meenakshi Shekhawat. The aforesaid firm-M/s Disha Murlipura

Indane is a partnership firm, in which both the husband and wife

are partners.

4.

Admittedly, a Letter of Intent for running a retail

distributorship of gas was issued in the name of Meenakshi

Shekhawat. She along with her husband entered into an

agreement with IOCL to allow to run the said distribution agency

on 50% partnership basis. Accordingly, a partnership agreement

was taken on record and was accepted by the IOCL. The

partnership firm was allowed to run the agency in partnership.

5.

It appears that the relations of the husband and wife got

strained and as such, the husband started making complaints

against the wife and the partnership agency. On the basis of the

said complaints, an order of suspension of the gas agency was

passed on 03.06.2021 suspending the supplies of gas to the

agency for a period of three months.

6.

The aforesaid order of suspension of gas supply to the

partnership firm was challenged by the firm through its partner

Meenakshi Shekhawat. In the writ petition the third respondent-

(3 of 6)

[SAW-946/2022]

appellant was also a party, to whom initially notices were directed

to be issued but when the notices could not be served, the

petitioner-firm moved an application for dispensing with the

service of notice upon him and the same was duly allowed. Thus,

the writ petition came to be decided in the absence of the third

respondent-appellant herein by the impugned order, wherein

directions have been issued allowing the petitioner i.e. Meenakshi

Shekhawat alone to operate the gas agency as she was the

original Letter of Intent holder, subject to her submitting an

undertaking that she will abide by the conditions of the agreement

and maintain the accounts r