Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 4TH DAY OF OCTOBER 2023 / 12TH ASWINA, 1945 WP(C) NO. 32015 OF 2023 PETITIONERS:
1 RADHAKRISHNAN.P.
AGED 60 YEARS S/O PAZHANIYAPPAN, 43/504, METTUTHERUVU, VADAKKANTHARA.P.O., PALAKKAD DISTRICT,, PIN - 678012 2 SHYAM PRASAD.S.
AGED 23 YEARS S/O SUDEVAN.D., SARAVANA, 33/100-1, NEAR WATER TANK, MOOTHANTHARA, VTC, PALAKKAD, P.O. VADAKANTHARA, PALAKKAD DISTRICT,, PIN - 678012 BY ADVS.
SARATH M.S.
B.PREMNATH (E) RESPONDENT:
THE INDIAN OIL CORPORATION LTD.
A REGISTERED COMPANY REGISTERED UNDER THE COMPANIES ACT WITH ITS REGISTERED OFFICE AT G-9, ALI YAVAR JUNK MARG, BANDHRA EAST, MUMBAI-400 051 AND ITS KERALA STATE OFFICE AT IOC LTD., PANAMPILLY AVENUE, PANAMPILLY NAGAR, COCHIN REPRESENTED BY ITS GENERAL MANAGER, PIN - 682036 BY ADVS.
Gopikrishnan Nambiar M K.JOHN MATHAI(K/413/1984) JOSON MANAVALAN(J-526) KURYAN THOMAS(K/131/2003) PAULOSE C. ABRAHAM(MAH/58/2006) RAJA KANNAN(K/356/2008) NAYANPALLY RAMOLA(K/687-F/2014) SC-RAMONA NAYANPILLY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 32015 OF 2023 2 JUDGMENT Amidst the various averments, assertions and allegations made and urged in this writ petition, the learned counsel for the petitioners, Sri.M.S.Sarath, confined the plea on behalf of his client, that Ext.P6 application for reconstitution of the Firm, made by them before the respondent, be directed to be disposed of, without any avoidable delay.
2.
Smt.Ramona Nayanppilly – learned Standing Counsel for the respondent, in response to the afore submissions of Sri.M.S.Sarath, submitted that
the
petitioners’
application
for reconstitution of the Firm is under consideration and that a final order will be issued not later than three months from now, because the said application was received by her client only on
WP(C) NO. 32015 OF 2023 3 30.09.2023.
Taking note of the afore submissions, I allow this writ petition and direct the competent Authority of the respondent to take up the application stated to be received by them on 30.09.2023, wherein, the petitioners have requested for reconstitution of the Firm, after affording them an opportunity of being heard;
thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.
Sd/- DEVAN RAMACHANDRAN JUDGE SAS
WP(C) NO. 32015 OF 2023 4 APPENDIX OF WP(C) 32015/2023 PETITIONER’S EXHIBITS:
Exhibit P1 TRUE COPY OF THE MEMORANDUM OF AGREEMENT BETWEEN THE MURUGAN AUTO FUEL AGENCIES AND THE INDIAN OIL CORPORATION DATED 13.10.1986 Exhibit P2 TRUE COPY OF THE GST REGISTRATION CERTIFICATE ISSUED TO MURUGAN AUTO FUEL AGENCIES BEARING REGISTRATION NO.32AALFM3294M1ZV DATED 13/9/2023 Exhibit P3 TRUE COPY OF THE RELINQUISHMENT DEED DATED 19/9/2001 EXECUTED BY T.R. SUKUMARAN Exhibit P4 TRUE COPY OF THE DEATH CERTIFICATE OF T.R.
SUKUMARAN DATED 22/3/2023 ISSUED BY REGISTRAR OF BIRTHS AND DEATHS, PALAKKAD MUNICIPALITY Exhibit P5 TRUE COPY OF THE UNDERTAKING ALONG WITH DRAFT PARTNERSHIP DEED DATED 27TH JUNE 2023 EXECUTED BETWEEN P. RADHAKRISHNAN AND SHYAMPRASAD.S.
Exhibit P6 TRUE COPY OF THE ALREADY SUBMITTED APPLICATION OF RE-CONSTITUTION OF THE COMMISSIONED DEALERSHIP IN THE NAME OF MURUGAN AUTO FUEL AGENCIES BY P. RADHAKRISHNAN DATED NIL