NISHA.M. Vs. INDIAN OIL CORPORATION LTD.

JUDGEMENT

(1.) The petitioners, who are partners of a firm engaged in the production, control and equitable distribution of petroleum products, are before this Court seeking to direct the 1st and 2nd respondents to consider Ext.P5 application for permission to reconstitute their firm, within a time frame. The petitioners have also sought for a direction to the 2 nd respondent to accept remittances made and to be made by the petitioners through their account with South Indian Bank and to supply appropriate quantity of LPG as per the orders placed by the petitioners.

(2.) Petitioners 1 and 2 are partners having 75% right in the firm M/s.Mongam Indane Services at Mongam in Malappuram District. The 3rd respondent is the other partner of the firm having 25% right. Petitioners contend that the 3rd respondent got entry in the partnership suppressing his antecedents. He refused to contribute his share in the partnership and is now acting in a manner detrimental to the interest of the partnership Firm.

(3.) The petitioners further contend that at the instance of the 3rd respondent, the State Bank of India with whom the partnership had an account, stopped Net Banking facility due to which the petitioners find it difficult to purchase LPG cylinders from the 1st respondent-Indian Oil Corporation Limited. The petitioners therefore made Ext.P5 request to the 2nd respondent seeking permission for reconstitution of the firm. Ext.P7 request was also made for accepting money sent by the petitioners through a newly opened current bank account with South Indian Bank, Mongam. The petitioners contend that the 2nd respondent has a legal duty to consider Exts.P5 and P7 and take a decision in the matter urgently since the supply of LPG is likely to be disrupted for want of stock.