Union Of India
v.
Radhika Backliwal
(Supreme Court Of India)
Special Leave Petition (Civil) No. 16505 Of 2002 | 28-08-2002
B.N. KIRPAL, J.
(1) After hearing the learned counsel for the parties and taking into consideration the fact that the impugned order dated 9-8-2002 affects a large number of dealers and distributors all over the country which has led to the filing of the writ petitions in different High Courts, it is appropriate that the legal points in issue should be decided expeditiously. This can best be done by representative cases being transferred to this Court for adjudication.
(2) The learned Additional Solicitor-General has given particulars of 10 writ petitions which according to him deal with various types of distributorships/dealerships and in which all the questions which arise for consideration can be decided. Decision in these cases would, according to him, (sic) given the other writ petitions pending in different High Courts.
(3) We, accordingly, direct the transfer to this Court of the following cases:
(0 from the High Court of Delhi at New Delhi Writ Petitions Nos. 4908, 5070, 4955, 5202 and 5312 of 2002;
(ii) from the High Court of Judicature for Rajasthan Bench at Jodhpur Writ Petitions Nos. 2864, 2855 and 2854 of 2002;
(iii) from the High Court of Madhya Pradesh, Bench at Gwalior Writ Petition No. 1625 of 2002; and
(iv) from the High Court of Judicature at Bombay Writ Petition No. 31132 of 2002.
(4) Apart from the above ten cases, the following case from the High Court of Gujarat at Ahmedabad Special Civil Application No. 7608 of 2002 is also transferred as it relates to a category not covered by the aforesaid ten cases.
(5) The Registry should take steps to have files of these cases transferred to this Court.
(6) Coming to the question of interim orders necessary to be passed, we find that the order of cancellation dated 9-8-2002, affects 2248 dealerships/distributorships which had already been commissioned. In 1298 cases, letters of intent had been issued, but the retail outlets/gas agencies have not been commissioned. We, therefore, do not intend to pass any interim orders with regard to these 1298 cases where letters of intent have been issued. The order of 9-8-2002 shall be operative in respect of these letters of intent. However, letters of intent shall not be allotted or transferred to any person during pendency of these petitions.
(7) As far as the 2248 dealerships/distributorships are concerned, we direct that status quo as of 9-8-2002 shall be maintained. As a result thereof, the dealers/distributors shall continue to operate the dealerships/distributorships in accordance with the terms of contracts/agreements entered into between them and the oil companies concerned. We are informed that pursuant to the impugned letter in respect of 464 retail dealers/gas agencies/SKO/LDO dealerships which were cancelled, possession was taken by the oil companies after 9-8-2002. The possession of the same be restored to the dealers/distributors concerned who shall maintain proper accounts and will continue to operate the respective business in accordance with the terms of the contracts entered into by them and operative on 9-8-2002. The possession should be restored in respect of these 464 instant cases as expeditiously as possible but not later than two weeks from today.
(8) Further proceedings in the writ petitions filed and pending in various High Courts/proceedings before subordinate courts relating to the cancellation dated 9-8-2002 shall remain stayed. The interim orders passed today by this Court will supersede all interim orders passed by any High Courts or subordinate courts. Hence, the special leave petitions arising out of various interim orders stand disposed of.
(9) As the matter is of some urgency, we direct the transferred cases to be listed for final hearing as Item 1 subject to overnight part-heard on 12-11- 2002. Pleadings be completed in the writ petitions which are transferred before that date.
(10) Impleadment applications of the four oil companies are allowed. No other impleadment applications are allowed. Liberty is given only to intervene.
(11) All other writ petitions and special leave petitions be listed for hearing after the disposal of these transferred cases.
(1) After hearing the learned counsel for the parties and taking into consideration the fact that the impugned order dated 9-8-2002 affects a large number of dealers and distributors all over the country which has led to the filing of the writ petitions in different High Courts, it is appropriate that the legal points in issue should be decided expeditiously. This can best be done by representative cases being transferred to this Court for adjudication.
(2) The learned Additional Solicitor-General has given particulars of 10 writ petitions which according to him deal with various types of distributorships/dealerships and in which all the questions which arise for consideration can be decided. Decision in these cases would, according to him, (sic) given the other writ petitions pending in different High Courts.
(3) We, accordingly, direct the transfer to this Court of the following cases:
(0 from the High Court of Delhi at New Delhi Writ Petitions Nos. 4908, 5070, 4955, 5202 and 5312 of 2002;
(ii) from the High Court of Judicature for Rajasthan Bench at Jodhpur Writ Petitions Nos. 2864, 2855 and 2854 of 2002;
(iii) from the High Court of Madhya Pradesh, Bench at Gwalior Writ Petition No. 1625 of 2002; and
(iv) from the High Court of Judicature at Bombay Writ Petition No. 31132 of 2002.
(4) Apart from the above ten cases, the following case from the High Court of Gujarat at Ahmedabad Special Civil Application No. 7608 of 2002 is also transferred as it relates to a category not covered by the aforesaid ten cases.
(5) The Registry should take steps to have files of these cases transferred to this Court.
(6) Coming to the question of interim orders necessary to be passed, we find that the order of cancellation dated 9-8-2002, affects 2248 dealerships/distributorships which had already been commissioned. In 1298 cases, letters of intent had been issued, but the retail outlets/gas agencies have not been commissioned. We, therefore, do not intend to pass any interim orders with regard to these 1298 cases where letters of intent have been issued. The order of 9-8-2002 shall be operative in respect of these letters of intent. However, letters of intent shall not be allotted or transferred to any person during pendency of these petitions.
(7) As far as the 2248 dealerships/distributorships are concerned, we direct that status quo as of 9-8-2002 shall be maintained. As a result thereof, the dealers/distributors shall continue to operate the dealerships/distributorships in accordance with the terms of contracts/agreements entered into between them and the oil companies concerned. We are informed that pursuant to the impugned letter in respect of 464 retail dealers/gas agencies/SKO/LDO dealerships which were cancelled, possession was taken by the oil companies after 9-8-2002. The possession of the same be restored to the dealers/distributors concerned who shall maintain proper accounts and will continue to operate the respective business in accordance with the terms of the contracts entered into by them and operative on 9-8-2002. The possession should be restored in respect of these 464 instant cases as expeditiously as possible but not later than two weeks from today.
(8) Further proceedings in the writ petitions filed and pending in various High Courts/proceedings before subordinate courts relating to the cancellation dated 9-8-2002 shall remain stayed. The interim orders passed today by this Court will supersede all interim orders passed by any High Courts or subordinate courts. Hence, the special leave petitions arising out of various interim orders stand disposed of.
(9) As the matter is of some urgency, we direct the transferred cases to be listed for final hearing as Item 1 subject to overnight part-heard on 12-11- 2002. Pleadings be completed in the writ petitions which are transferred before that date.
(10) Impleadment applications of the four oil companies are allowed. No other impleadment applications are allowed. Liberty is given only to intervene.
(11) All other writ petitions and special leave petitions be listed for hearing after the disposal of these transferred cases.
Advocates List
For the Appearing Parties -----------
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE B.N. KIRPAL
HON'BLE MR. JUSTICE K.G. BALAKRISHNAN
HON'BLE MR. JUSTICE ARIJIT PASAYAT
Eq Citation
(2003) 2 SCC 316
LQ/SC/2002/878
HeadNote
Constitution of India — Art. 136 — Transfer of cases — Transfer of cases to Supreme Court for adjudication — Implication of — Large number of writ petitions filed in different High Courts challenging cancellation of distributorships/dealerships — Held, legal points in issue should be decided expeditiously — This can best be done by representative cases being transferred to Supreme Court for adjudication — Interim orders — Interim orders passed by Supreme Court supersede all interim orders passed by any High Court or subordinate courts — Hence, special leave petitions arising out of various interim orders disposed of
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