Gauhati High Court
Page No.# 1/5 vs The Indian Oil Corporation Limited on 10 September, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/5
GAHC010203352025
2025:GAU-AS:12330
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5282/2025
ANINDITA GOSWAMI
D/O GOKUL CHANDRA GOSWAMI, R/O ALOK APARTMENT, FLAT NO 4A,
SONJUNG PATH, SIX MILE, NEAR SIX MILE FLYOVER, KHANAPARA,
KAMRUP METRO, ASSAM, PROPRIETOR OF MS SANKARDEV GAS
AGENCY, HAVING HER PRINCIPAL PLACE OF BUSINESS AT SIX MILE ,
GUWAHATI, ASSAM
VERSUS
THE INDIAN OIL CORPORATION LIMITED
HAVING ITS REGISTERED OFFICE AT INDIAN OIL BHAWAN, G-9, ALI
YAVAR JUNG MARG, BANDRA (EAST) MUMBAI 400051
2:THE INDIAN OIL ASSAM OIL DIVISION
INDIAN OIL CORPORATION LIMITED
NORTH GUWAHATI LPG BOTTLING PLANT
COLLEGE NAGAR
ABHOYPUR
NORTH GUWAHATI 781031
ASSAM
3:THE CHIEF MANAGER (PLANT)
INDIAN OIL CORPORATION LIMITED
NORTH GUWAHATI LPG BOTTLING PLANT COLLEGE NAGAR
ABHOYPUR
NORTH GUWAHATI 781031
ASSAM
4:THE DY GENERAL MANAGER
LPG SALES
NORTH GUWAHATI LPG BOTTLING PLANT
COLLEGE NAGAR
Page No.# 2/5
ABHOYPUR
NORTH GUWAHATI 781031
ASSAM
5:THE DY GENERAL MANAGER(PLANT)
INDIAN OIL CORPORATION LIMITED
NORTH GUWAHATI LPG BOTTLING PLANT
COLLEGE NAGAR
ABHOYPUR
GUWAHATI 781031 ASSA
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
Advocates for the petitioner(s) :Mr. N Haque
Advocates for the respondent(s) : Mr. MK Choudhury,
Senior Advocate Mr. M Sarma For respondent Nos.1 to 5.
Date of hearing & judgment :10.09.2025
JUDGMENT & ORDER(ORAL)
Heard Mr. N Haque, the learned counsel appearing on behalf of the petitioner. Mr. MK Choudhury, the learned Senior Counsel assisted by Mr. M Sarma, the learned counsel, who appears on behalf of the respondent Nos.1 to
5.
2. Taking into account the issue involved in the instant proceedings, this Court takes up the writ petition for disposal at the motion stage itself.
Page No.# 3/5
3. The admitted facts as would be available from the materials on record would show that the petitioner is an authorised distributor of Liquefied Petroleum Gas (for short, LPG) cylinders of the respondent Corporation. On 20.02.2025, a notice was issued to the petitioner alleging violation of Clause 23(a) of the "Indane" (Liquefied Petroleum Gas) Distributorship (Domestic and Commercial) Agreement and it was further alleged that an amount of Rs.2,58,820.04/- was incorrectly given credit to the petitioner's account. Under such circumstances, vide the communication dated 20.02.2025 the petitioner was asked to show cause. The petitioner on receipt of the said show cause notice dated 20.02.2025 submitted a communication to the DGM(Plant), IOCL, North Guwahati LPG Bottling Plant, Guwahati dated 21.02.2025 requesting the respondent No.5 herein for extension of time of 30(thirty) days to reply. However to the utter surprise of the petitioner, the respondent No.5 refused to extend the time as sought for and passed appropriate order for recovery of the amount as indicated above vide the recovery notice dated 22.03.2025.
4. During the course of hearing today, this Court enquired with Mr. N Haque, the learned counsel appearing on behalf of the petitioner as to what are the documents which the petitioner seeks for the purpose of submitting an effective reply. The learned counsel submitted that the documents which are required are the Equipment Return Voucher (for short, the ERV) slips which was made the basis for issuance of the show cause notice.
5. It is relevant to take note of that similar proceedings have also been initiated by the respondent IOCL against other distributors of the IOCL. These distributors have approached this Court by filing a writ petition which was registered and numbered as WP(C)No.1896/2025. The learned Coordinate Bench of this Court vide an order dated 04.04.2025 passed in the said writ Page No.# 4/5 petition categorically observed that the respondent authorities should supply any document that the petitioners therein may ask so as to enable them to submit their respective replies.
6. The petitioner herein though was not a party to the said writ proceedings, but on the basis of the said order dated 04.04.2025 passed in WP(C)No.1896/2025, requested the respondent authorities for the ERV slips vide the communication dated 11.06.2025. However, without furnishing the ERV slips, the respondent authorities had issued an email dated 30.07.2025, whereby it was informed that the procedure for making debit/deductions from the entitlement of the petitioner would be taken up. It is under such circumstances that the communication dated 30.07.2025 has been assailed before this Court.
7. Mr. MK Choudhury, the learned Senior Counsel appearing on behalf of the IOC submitted that the ERV slips in question are voluminous in nature and as such, the respondent Corporation has requested the petitioner to inspect those documents in their Office. However, the respondents are not adverse to providing copies to the petitioner subject to the condition that the petitioner appears before the respondent No.3 for accepting the copies of the ERV slips.
8. The learned Senior Counsel further submitted that as per his instruction(s), the copies of the concerned ERV slips can be provided to the petitioner within 10(ten) days from today.
9. Taking into account the above submission and the subject matter involved in the instant proceedings, this Court, therefore, disposes of the instant writ petition with the following observation(s) and direction(s):
(i). The representatives of the petitioner shall appear before the respondent Page No.# 5/5 No.3 on 20.09.2025 at 10.30 A.M. The respondent No.3 shall provide the ERV slips on the basis of which the respondent Corporation had issued the show cause notice dated 20.02.2025.
(ii). The petitioner is given the liberty to submit the reply on or before 13.10.2025.
(iii). The respondent Corporation shall pass appropriate order(s) duly taking into consideration the show cause reply, if so submitted by the petitioner thereupon.
(iv). Till such decision is taken, the respondent authorities shall not proceed with debit/deduction from the entitlement of the petitioner.
10. With the above, the instant writ petition stands disposed of.
JUDGE Comparing Assistant