M/S DSLS CO. v. Indian Oil Corporation & 2 Ors.

BEFORE HON’BLE MR. JUSTICE MV MURALIDARAN

02.02.2022 Heard Mr. N. Ibotombi, learned senior counsel for the applicant and Mr. L. Shashibhushan, learned counsel for the respondents. [2] Mr. N. Ibotombi, learned senior counsel for the applicant represented that this Court by order dated 21.06.2021, has passed the order in MC[W.P.(C)] No. 115 of 2021 which reads as follows:- “Heard Mr.N.Ibotombi, learned senior counsel appearing on behalf of the applicant. The applicant, who is the Retail Outlet and SK Oil Agency of the Indian Oil Corporation Ltd, is praying for further 6 (six) months’ time for submitting the re-constitution proposal as directed by this Court by order dated

27.12.2019 in WP(C) No.1072 of 2019 and order dated 4.9.2020 passed in MC (WP(C)) No.153 of 2020. Page - 2 Mr.N.Ibotombi, learned senior counsel appearing for the applicant submits that necessary formalities for reconstituting the Firm was completed. However, before submission of the proposal to the authority, one of the partners namely, Jay Prakash Singh, expired in the last week of January,

2021. Due to expiry of the said Jay Prakash Singh, the proposal for re- constitution of the Firm could not be submitted to the authority. He also submits that as one of the partners had expired, a new Partnership Deed along with the legal heirs of late Jay Prakash Singh is required to be executed and, fresh proposal for re-constitution of the Firm is to be submitted to the authority. He also submits that the legal heirs of the said late, Jay Prakash Singh is stationed at Delhi. However, due to the 2nd wave of Covid 19 pandemic, it is difficult for the legal heirs to be present at Imphal for execution of the Partnership Deed. It is further submitted that as the Firm has not been re- constituted the Indian Oil Corporation has stopped supplying Petrol, Diesel and SK Oil to the applicant’s Firm. Considering the facts and circumstances of the case, he submits that further 6 (six) months’ time may be allowed to the applicant for submitting the re-constitution proposal. Mr.L.Shashibhushan, learned counsel appearing on behalf of respondents submits that enough time has been given to the applicant since 27.12.2019 and, therefore, it may not be proper to give further extension to the applicant. After hearing learned counsel for the parties and also taking into consideration, the 2nd wave of Covid 19 pandemic and also the fact that one of the partners namely, Jai Prakash Singh had expired and that a new Partnership Deed is to be executed with the legal heirs of late Jai Prakash Singh, this Court is of the considered opinion that reasonable cause has been shown by the applicants despite last chance being given to them by the order dated 4.9.2020 passed in MC (WP(C)) No.153 of 2020. Page - 3 Accordingly, 5 (five) months’ time from today is allowed to the applicant to submit the re-constitution proposal. Misc Case is accordingly allowed.” [3] In the order dated 21.06.2021 passed by this Court MC[W.P.(C)] No. 115 of 2021, this Court has granted 5 (five) months’ time from 21.06.2021 to the applicant to submit the re-constitution proposal. [4] Subsequently, Mr. N. Ibotombi, learned senior counsel who is appearing for the applicant has filed the present Misc.Case in MC[W.P.(C)] No. 17 of 2022 seeking further time for 6 (six) months from the date of order for completion of submitting the re-constitution proposal to the Indian Oil Corporation Ltd. on the ground raised in the affidavit in 9, 10 & 11 in which, it is mentioned as follows:-

9. That, as one of the partner has expired, a new partnership deed alongwith the legal heirs of late Jai Prakash Singh was required to be executed and fresh proposal for reconstitution of the firm is to be submitted to the authority. As the legal heirs of the said Jai Prakash Singh are stationed at Delhi and as such it was very difficult on his part to be present at Imphal for execution of partnership deed because of the 2nd wave of the COVID-19 Pandamic.

10. That, the applicant filed M.C. (W.P. (C) No.115 of 2021 before the Hon’ble Court praying for extension of further 6 Page - 4 months time for submitting the reconstitution Proposal and the Hon’ble Court vide order dated 21.6.2021 granted another five months time to submit the reconstitution proposal.

11.That, the legal heirs of the said Jai Prakash Singh are stationed at Delhi and because of the Omicron new variant of COVID-19 the legal heirs of the said Jai Prakash Singh has not visited Manipur as it is very difficult on his part to be present at Imphal for execution of partnership deed because of the 3rd wave of the COVID-19 Pandamic. [5] On the other hand, Mr. L. Shashibhushan, learned counsel for the respondents is strongly objecting for extending the time on the ground that this Court has already given enough time and by the order dated 21.06.2021, it was made clear that no further extension of time will be granted. Therefore, he is objecting for extending the time. [6] The reasons assigned by the applicant narrated in Para Nos.9, 10 & 11 in the affidavit, it is appropriate to extend further time on the only reason for Covid-19 which is in continuation till date for completion of the order dated 21.06.2021. [7] Therefore, this application in MC[W.P.(C)] No. 17 of 2022 is allowed by extending the time of 6 (six) months from the date of receipt of this order. Page - 5 [8] It is made clear that the applicant will not be granted any further time after completion of the time extended by this Court in this application in MC[W.P.(C)] No. 17 of 2022. [9] Therefore, he has to comply the order dated 21.06.2021 passed by this Court in MC[W.P.(C)] No. 115 of 2021 without fail. [10] Registry is directed to issue copy of this order to both the parties through their whatsapp/e-mail. - Larson JUDGE