Court No. - 29
Case :- WRIT - C No. - 41701 of 2019 Petitioner :- M/S Shree Baanke Bihari Filling Station And Another Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Saurabh Srivastava Counsel for Respondent :- A.S.G.I.,Satish Chaturvedi,Vikas Budhwar
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard Sri Saurabh Srivastava, learned counsel for the petitioners, Sri Anubhav Singh, learned counsel for State Bank of India and Sri Vikas Budhwar, learned counsel for Hindustan Petroleum Corporation Limited.
The petitioners are running a petrol pump. In connection with the said petrol pump, they have been extended comfort letter by the Hindustan Petroleum Corporation Limited (In short "H.P.C.L.") so as to avail the E.D.F.S. i.e. Electronic Dealer Finance Scheme facility. This facility has been withdrawn on the advice of the H.P.C.L. as received by the bank via email.
The submission is that no notice or opportunity of hearing was given to the petitioners before withdrawing the aforesaid facility or the comfort letter.
Sri Budhwar, at the very outset, very fairly submits that as the impugned order dated 04.12.2019 has been passed on the basis of the email of the H.P.C.L., apparently, no notice was given to the petitioners. Thus, he submits that the order may be quashed with liberty to the H.P.C.L./S.B.I. to pass a fresh order after affording opportunity of hearing to the petitioners.
In view of the aforesaid facts and circumstances, as the order impugned has been passed in violation of the principles of natural justice, we quash the said order dated 04.12.2019 and leave it open upon the respondents to take fresh action in accordance with law and to pass a fresh order, if necessary.
Accordingly, the writ petition stands allowed. Order Date :- 20.12.2019 Nirmal Sinha