The Writ Court does not entertain private disputes, and petitioners cannot interfere in partnership matters without timely consent to join the dealership.

ORDER:  

The writ petition deserves to be dismissed for the following reasons.

2. It is clear from the submissions made on behalf of the petitioners and the respondent Nos.4 and 5 (private respondents) that the dispute brought to the Court is purely in the realm of a private dispute.

3. The petitioners and the respondent Nos.4 and 5 claim to be the legal heirs of their respective fathers who were partners of a firm running a petrol bunk/retail outlet. The petitioners claim to be the owners of the 25% shares in the partnership firm. It is undisputed that the fathers of respondent Nos.4 and 5, respectively own the 75% shares of the partnership firm.

4. As stated above, the dispute is between the petitioners and the private respondent Nos.4 and 5. The petitioners seek directions on the respondent Nos.2 and 3/Hindustan Petroleum Corporation Ltd. (‘HPCL’) to stop supply petroleum products to the retail outlet on the ground that the dealership agreement has expired.

5. The very nature of the relief of the submissions made before the Court leaves little doubt that the petitioners are seeking to espouse a personal cause of action against the private respondents which have nothing to do with the infraction of the petitioners’ right granted under Part III of the Constitution of India to make the case amenable under Article 226 of the Constitution of India.

6. If the competing facts are to be seen, the private respondents have been successfully running the petrol bunk since 1971 through their fathers and hold 75% of the shares in the firm running the petrol bunk. The petitioners appear to be recalcitrant parties who refused to enter into partnership in accordance with the Policy Guidelines for Reconstitution of Retail Outlet/SKO-LDO Dealerships 2018 (‘Reconstitution Guidelines’) . The Reconstitution Guidelines are mentioned in the reply given by the HPCL to the representation given by the petitioner on 28.05.2015. HPCL replied to the representation by way of a letter dated 13.09.2023 clearly stating that Clause H(7) of the Reconstitution Guidelines provides that where one or more of the nominee(s)/legal heir(s) of the deceased partner have not given their consent within the specified period of 30 days, another 30 days shall be given to the nominee(s)/legal heir(s) for giving their willingness to join the dealership failing which the non-responding nominee(s)/legal heir(s) of the deceased partner shall be treated as unwilling to be inducted in the dealership and the OMC shall be at liberty to approve reconstitution of the dealership with the willing nominee(s)/legal heir(s).

7. In the present case, it is undisputed that the petitioners did not convey their willingness to be inducted as partners in their capacity as legal heirs of the deceased partners. On the other hand, the private respondent Nos.4 and 5 expressed their willingness and the partnership is now in the process of being reconstituted on the willingness expressed by the respondent Nos.4 and 5.

8. It is evident that the petitioners want intervention of the Court to scupper the reconstitution of the dealership with the private respondents. The petitioners cannot be permitted to interfere with the business of the dealership having failed to express their willingness to join the dealership within the stipulated time frame.

9. Further, the petitioners’ representation was disposed of by the HPCL by letter dated 13.09.2023 in terms of an interim order passed by a Co-ordinate Bench on 08.08.2023. Therefore, the reply dated 13.09.2023 constitutes a new and fresh cause of action for the petitioner since it fully answers the petitioners’ grievance raised in the representation dated 28.05.2015.

10. The Writ Court is not the forum for adjudicating disputes which are purely private in nature or speculative disputes where the petitioners have themselves been deficient in terms of taking appropriate action to an opportunity given by the Oil Company.

11. W.P.No.21261 of 2023, along with all connected app