1 S.B.CIVIL WRIT PETITION NO.5373/2006 M/s Gora Transport v. Union of India & Ors. Date of Order :: 20th August, 2007 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. S.P.Sharma, for the petitioner. Mr. V.K.Mathur, for the respondents. .... The respondent Indian Oil Corporation Ltd. issued a letter of intent in favour of the petitioner to transport bulk petroleum products but that was withdrawn under a communication dated 9.5.2006, hence this petition for writ is preferred alleging malafides, discrimination and arbitrary exercise of powers. It is contended by counsel for the petitioner that as a matter of fact some error was committed by registering authority by marking “O” (ordinary) instead of “T” (Tanker) in the registration certificate and the respondents by relying upon the registration certificate treated the tanker owned by the petitioner as ordinary truck. Having considered the averments contained in the writ petition and the reply to that, I do not find any substance in the contention so raised. The 2 respondents in most specific terms have stated in reply to the writ petition that on receiving a complaint regarding eligibility of TT NO.RJ-19-G-5490 a committee consisting of three members inquired into the matter and on examination of documents found that on the date of tender calibration was not done, old tanker was substituted by new tanker and this fact was accepted by the petitioner himself under his signatures. The registration certificate relating to the vehicle concerned mentions it as open truck and fresh calibration was done after the date on which the tenders were invited. On basis of the findings given by the committee the competent officers of the Indian Oil Corporation acted in accordance of clause I(8) of the terms and conditions which prescribes “if any of the information submitted by the tenderer is found to be incorrect at any time including the contract period, Oil Company reserves the right to reject the tender/terminate the transportation contract and reserves all rights and remedies available”. The reply to the writ petition was filed by the respondents on 17.3.2007 and the facts stated therein are not refuted by the petitioner. After considering the reasons given in reply to the writ petition by the respondents to withdraw the letter of intent, I am satisfied that sufficient reasons were available with the Indian Oil Corporation 3 to withdraw the letter of intent and by doing so no illegality is committed. While parting with the case, I also consider it appropriate to mention that the petitioner has not impleaded Indian Oil Corporation Ltd. i.e. a company incorporated under the Companies Act as a party respondents. The action taken by the officers of the company was on behalf of the company, therefore, it is a party necessary to the proceedings. The petition for writ also suffers for misjoinder of party as the Union of India through the Secretary, Ministry of Petroleum & Natural Gas, Government of India, is having no say in the matter and that has been unnecessarily placed in array of the respondents. For the reasons stated above, the writ petition is dismissed. ( GOVIND MATHUR ),J. Kkm/ps.