Kerala High Court
Malappuram District Hindustan ... vs The Senior Regional Manager, Hindustan ... on 31 August, 2022
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
WP(C) NO. 28229 OF 2022
PETITIONER/S:
MALAPPURAM DISTRICT HINDUSTAN PETROLEUM-CORPORATION
LIMITED DEALERS ASSOCIATION
WITH REGISTRATION NO.MPM/CA/762/2018, REPRESENTED BY
ITS SECRETARY, MUHAMMED SHAN P.T., S/O. ABDU P.T., AGED
33 YEARS, HAVING REGISTERED OFFICE AT CHENGUVETTY,
KOTTAKKAL, MALAPPURAM DISTRICT, PIN-676503.
BY ADVS.
T.SETHUMADHAVAN (SR.)
DEEPA NARAYANAN
PREETHI. P.V.
M.V.BALAGOPAL
SANGEETHA SREEKUMAR
RESPONDENT/S:
1 THE SENIOR REGIONAL MANAGER, HINDUSTAN PETROLEUM
CORPORATION LIMITED, KOZHIKODE RETAIL REGION
ELATHUR, KOZHIKODE-673303.
2 THE DEPUTY GENERAL MANAGER
HINDUSTAN PETROLEUM CORPORATION LIMITED, IRUMPANAM
TERMINAL, IRUMPANAM P.O., KOCHI-682309.
OTHER PRESENT:
SC M.GOPIKRISHNAN NAMBIAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28229 OF 2022
2
JUDGMENT
Dated this the 31st day of August, 2022 The petitioner is the Secretary of Malappuram District Hindustan Petroleum Dealers Association. The grievance of the petitioner is about the insistence by the Hindustan Petroleum Corporation Limited (HPCL) on advance payment for delivery of petroleum products.
2. Learned Senior Counsel appearing for the petitioner submitted that the practice hitherto was to make payment only on delivery of the product at the retail outlet. It is submitted that even Clause 10 of Ext.P2 indicates that there is provision is for effecting payment on delivery. Learned Senior counsel also highlighted the difficulties being faced by the retail dealers on being compelled to make advance payment. It is submitted that on certain occasion when there are consecutive bank holidays, it is extremely difficult for the dealers to keep sufficient cash reserve for effecting advance payment, particularly since cash transaction above Rupees Two Lakhs is prohibited. It is pointed out that during the ensuing of Onam season, almost four days will be WP(C) NO. 28229 OF 2022 3 consecutive bank holidays. Highlighting their grievances of its members and seeking immediate resolution, the petitioner has submitted Ext.P4 representation.
3. Learned Standing Counsel submitted that, all through out the practice being followed was to release petroleum products on payment. Credit facility was provided to certain dealers, depending on their credit worthiness. It is contended that , even going by the plain language of Clause 10 of Ext.P2, delivery of the products to the dealer is to be made against payment in cash or by demand draft.
4.Having heard the learned Senior Counsel and the learned Standing Counsel, I am of the opinion that rather than this court deciding the disputed facts in a writ petition filed under Article 226, it will be appropriate for the respondents to consider the petitioner's representation and take a reasoned decision.
In the result, the writ petition is disposed of directing the 2nd respondent or any other competent officer of the Hindustan Petroleum Corporation Limited to consider Ext.P4 representation, if possible within ten days and at any rate WP(C) NO. 28229 OF 2022 4 within one month of date of receipt of a copy of this judgment. All contentions raised in this writ petition are left open to be urged before the appropriate authority.
Sd/-
V.G ARUN JUDGE SJ WP(C) NO. 28229 OF 2022 5 APPENDIX OF WP(C) 28229/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF REGISTRATION CERTIFICATE NO.MPM/CA/762/2018 DATED 05.12.2018. Exhibit P2 TRUE COPY OF THE SPECIMEN DEALERSHIP AGREEMENT EXECUTED BETWEEN THE RESPONDENT CORPORATION AND P.T. FUELS, VENGAD DATED 17.9.2015.
Exhibit P3 TRUE COPY OF THE SPECIMEN FORMAT OF THE UNDERTAKING GIVEN BY THE DEALER DATED NIL.
Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 22.08.22.