M/S MEGHALAYA GAS AGENCY vs THE INDIAN OIL CORPORATION LTD AND ORS.

2026:MLHC:1036
Serial No.02
Supp. List
HIGH COURT OF MEGHALAYA
AT SHILLONG


WP(C). No. 411 of 2026
Date of Decision: 15.09.2026

M/s Meghalaya Gas Agency
Having its office at Mawlai, Nonglum,
Shillong,
And being represented by
Smti. Wandashisha Mylliemngap,
Proprietor,
R/o Mawlai Nonglum, Block -I,
East Khasi Hills District,

Meghalaya – 793017.

…Petitioner


-Versus-


1. The Indian Oil Corporation Ltd,
Having its registered office at Indian Oil Bhawan,
G-9, Ali Yavar Jung Marg,
Bandra (East),
Mumbai-400051.


2. The Indian Oil-Assam Oil Division,
Indian Oil Corporation Ltd.
North Guwahati LPG Bottling Plant
P.O-College Nagar, Abhoypur,
North Guwahati,
Guwahati-781031 (Assam).


3. The Dy. General Manager,
LPG – Sales
North Guwahati LPG Bottling Plant
P.O-College Nagar, Abhoypur,
North Guwahati,
Guwahati-781031 (Assam).
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2026:MLHC:1036

4. The Dy. General Manager (Plant)
Indian Oil Corporation Ltd.
North Guwahati LPG Bottling Plant
P.O-College Nagar, Abhoypur,
North Guwahati,
Guwahati-781031 (Assam).


…Respondents

Coram:
Hon’ble Mr. Justice H.S.Thangkhiew, Judge

Appearance:
For the Petitioner/Applicant(s) : Mr. K.Paul, Sr. Adv. with
Mr. S.Chanda, Adv.
Mr. S.Khyriem, Adv.

For the Respondent(s) : Mr. M.Sharma, Adv.



i) Whether approved for reporting in Yes/No
Law journals etc:

ii) Whether approved for publication Yes/No
in press:


JUDGMENT AND ORDER (ORAL)


1. The petitioner herein, an agency known as M/s. Meghalaya Gas
Agency is before this Court assailing the impugned letter dated 18-02-2025,
and the debiting/recovery of amounts by the respondent No. 4 on account of
the Market Returns cylinders for the years 2023-2024.
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2026:MLHC:1036

2. Mr. K.Paul, learned Sr. counsel assisted by Mr. S.Chanda, learned
counsel for the petitioner has submitted that this Court, and the Gauhati High
Court had by orders passed in respective writ petitions directed the
respondents to allow the petitioners therein, which includes the writ
petitioner to file reply within a stipulated period given, and till then that no
deduction would be done by the respondents. However, he submits the
petitioner has not been given the copies of the ERV records to enable it to
make a reply, but deductions have commenced from 10-03-2026, and the
deductions till date amount to ₹10,32,000/-. He therefore, prays that the
respondents be directed to supply the stated details to enable the petitioner
to file the reply and has also further prayed for stay of any further deductions
which are being made.

3. Mr. M.Sharma, learned counsel who is present and accepts notice on
behalf of all the respondents, has at the outset submitted that the respondents
are aware of the judgment dated 17-03-2025, passed in WP(C)/1469/2025
by the Gauhati High Court, wherein certain directions had been issued
allowing the petitioners therein, to be given a personal hearing by the
respondents. He submits that in the instant case, the respondents are willing
to supply the ERV details to the petitioner within two weeks, and thereafter
on the reply being received, the matter shall be disposed of after affording
opportunity of personal hearing to the petitioner.
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2026:MLHC:1036

4. On hearing the learned counsel for the parties, and as the point in issue
is limited to the matter of ERV details, in the backdrop of the orders of the
Gauhati High Court and this Court, it is therefore directed that the
respondents shall furnish the ERV details to the petitioner, either scanned
copies or otherwise within a period of two weeks from the date of this order.
The petitioner thereafter shall file a reply within three weeks, and after
receipt of the reply, the respondents shall dispose of the matter by a speaking
order two weeks thereafter, after affording opportunity to the petitioner for
personal hearing. It is also further directed that till the entire proceedings are
concluded, there shall be no deductions of debit. Needless to add, all points
raised in the writ petition shall be available to the petitioner to place before
the respondents.

5. At the close of the hearing, Mr. M.Sharma, learned counsel for the
respondents however has prayed that as the ERV records are voluminous,
the petitioner may perhaps visit the office of the respondents to obtain
physical copies in addition to the records which will be e-mailed to the
petitioners. The prayer is allowed.

6. As ordered above, writ petition accordingly stands closed and
disposed of.
Judge
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SAMANTHA ANNA LIYA RYNJAH
Digitally signed by:
Signed On: 15-09-2026 18:49:18 IST
Verified