WP(C).Nos. 12202 of 2018 & 13363 of 2018, High Court of Kerala at Ernakulam

1 _**WP(C).12202 & 13363 of 2018**_ ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **WEDNESDAY,THE 10TH DAY OF OCTOBER 2018 / 18TH ASWINA, 1940** **WP(C).No. 12202 of 2018** ## **PETITIONER/S:** - **1 M/S. NANA AUTO FUELS BPCL DEALER, NEAR EAST FORT, THIRUVANANTHAPURAM695036, REPRESENTED BY ITS MANAGING PARTNER, S.M.KHAN, AGED 70, S/O.MOHAMMED KHAN.** **2 BABUKUTTY PHILIPOSE AGED 66, S/O.T.K.PHILIPOSE, PROPRIETOR, EXCEL FUELS, RING ROAD, PATHANAMTHITTA-689645.** - **3 PRATHEESH FUELS IOC DEALER, ADOOR-691523, REPRESENTED BY ITS MANAGING PARTNER, A.M.SAJI, AGED 64, S/O.A.M.MATHEW.** - **4 R.RAJESH AGED 51, S/O.RAVEENDRANATHAN, RAVEENDRANATHAN & SON, IOC DEALER, THALAYOLAPARAMBU-686605, KOTTAYAM DISTRICT.** - **5 LUKE THOMAS AGED 61, S/O.THOMAS, MATTATHILPARAMBIL FUELS, IOC PAMPADY,KOTTAYAM-686502.** - **6 K.E.S. COMPANY IOC DEALER, MUNDAKKAYAM, KOTTAYAM-686513, REPRESENTED BY ITS MANAGING PARTNER, TOM SCARIYAH, AGED 62, S/O.K.E.SCARIYAH.** **7 JUBY ALEX AGED 39, S/O.K.A.PHILIP, PROPRIETOR, PHILIP AUTO CARE, HPC DEALER, KURICHI-686532, KOTTAYAM.** ## **8 M.M.SYED MOHAMMED AGED 78 YEARS, S/O.MOHAMMED THAMPI, PROPRIETOR, ALAMEEN CORPORATION, HP-DEALERS, KANJIRAPALLY-686507.** - **9 JAYASREE RAJAGOPAL AGED 54 YEARS, D/O.GOPINATHA MENON, PALLICKATHODU** 2 _**WP(C).12202 & 13363 of 2018**_ ## **FUELS AND LUBRICANTS, ANICKAD P.O., KOTTAYAM-686503.** - **10 SHEEBA RAJU** - **AGED 53, W/O.RAJU, KEERTHY PETROLEUM, IOC DEALER, MUNDAKKAYAM P.O., KARINILAM, KOTTAYAM-686513.** - **11 BOBBY GEORGE AGED 53, M/S.NEBUS SERVICE STATION, B.P.C.DEALER, MUNDAKAYAM, KOTTAYAM-686513.** - **12 P.A.SHANAVAS AGED 51, S/O.P.ABDUL RAZAK, M/S.P.ABDUL RAZAK & CO., IOC DEALERS, KANJIRAPALLY, KOTTAYAM-686507.** - **13 JYOTHEENDRANATHAN NAMPOOTHIRI K.N. AGED 55, S/O.A.N.NARAYANAN ELAYATHU, M/S.SURYAGAYATHRI FUELS, IOC DEALERS, MARANGATTUPILLY P.O., KOTTAYAM-686635.** - **14 M.G.M.ENTERPRISES INDIAN OIL DEALERS, PUTHUPPALLY, KOTTAYAM-686011, REPRESENTED BY ITS MANAGING PARTNER, EAPEN JACOB, AGED 59, S/O.P.M.JACOB.** - **15 SUNISHKUMAR P.S. AGED 42, S/O.P.A.SUKUMARAN, M/S.CHAITHANYA FUELS, VAZHOOR P.O., KODUNGOOR, KOTTAYAM-686504.** - **16 LALITHA K.NAIR AGED 58, D/O.RAMACHANDRAN NAIR, M/S.INDRANEELAM FUELS, INDIAN OIL DEALER, VAZHOOR ROAD, KARUKACHAL, KOTTAYAM-686540.** - **17 ANNAMMA JOSE AGED 72, D/O.DEVASIA, M/S.ROBIN PETROLEUM, INDIAN OIL DEALERS, PULICKAL KAVALA P.O., KOTTAYAM-686515.** - **18 ABHILASH T.C. AGED 33, S/O.SARATH, ABHILASH FUELS, INDIAN OIL DEALERS, INDUSTRIAL ESTATE NAGAR P.O., THENGANA, CHANGANASSERY-686106.** - **19 SEBASTIAN MATHEW AGED 61, S/O.K.K.MATHEW, KAILATH FUELS, MANACKACHIRA, A.C.ROAD, CHANGANASSERY, PIN-686101.** - **20 T.K.BABY** - **AGED 59, S/O.KURIAN, BHARATH TRANSPORT CO., B.P.C.DEALER, PERUVA P.O., PIN-686610.** - **21 RENJITH KUMAR P.B.** 3 _**WP(C).12202 & 13363 of 2018**_ **AGED 53, S/O.K.BHASKARA PILLAI, M/S.BHASKAR & COMPANY, BHARAT PETROLEUM DEALERS, THENGANA, PERUMPANACHY P.O., CHANGANASSERY, KOTTAYAM-686536.** **BY ADVS. SRI.SANTHOSH MATHEW SMT.KARTHIKA MARIA SMT.MARIA ROY SMT.VEENA RAVEENDRAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL** ## **RESPONDENT/S:** - **1 UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF PETROLEUM AND NATURAL GAS, SHASTRI BHAVAN, NEW DELHI110001.** - **2 BHARAT PETROLEUM CORPORATION LIMITED REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, BHARAT BHAVAN, 4 & 6 CURRIMBHOY ROAD, BALLARD ESTATE, MUMBAI-400001.** **3 THE TERRITORY MANAGER RETAIL BHARAT PETROLEUM CORPORATION LIMITED, RETAIL TERRITORY OFFICE, IRIMPANAM, ERNAKULAM, PIN-682309.** - **4 INDIAN OIL CORPORATION LTD. REPRESENTED BY ITS CHAIRMAN, 3079/3, J.B.TITTO MARG, SADIQ NAGAR, NEW DELHI-110049.** - **5 CHIEF GENERAL MANAGER INDIAN OIL CORPORATION LTD., KERALA STATE OFFICE, PANAMPILLY AVENUE, PANAMPILLY NAGAR, COCHIN-682036.** - **6 HINDUSTAN PETROLEUM CORPORATION LTD. REPRESENTED BY ITS CHAIRMAN, PETROLEUM HOUSE, 17, JAMSHEDJI TATA ROAD, MUMBAI, MAHARASHTRA-400020.** - **7 SENIOR REGIONAL MANAGER HINDUSTAN PETROLEUM CORPORATION LTD., COCHIN REGIONAL OFFICE, TATAPURAM, COCHIN-682018.** **BY ADVS. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL SRI.M.GOPIKRISHNAN NAMBIAR SRI.JOSON MANAVALAN SRI.K.JOHN MATHAI** 4 _**WP(C).12202 & 13363 of 2018**_ **SRI.KURYAN THOMAS SRI.N.NAGARESH ASSISTANT SOLICITOR GENERAL SRI.PAULOSE C. ABRAHAM SRI.P.GOPINATH** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.10.2018, ALONG WITH WP(C).13363/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 5 _**WP(C).12202 & 13363 of 2018**_ ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **WEDNESDAY,THE 10TH DAY OF OCTOBER 2018 / 18TH ASWINA, 1940 WP(C).No. 13363 of 2018** ## **PETITIONER/S:** **1 RAJU SEBASTIAN AGED 55, S/O.ITTIAVIRA DEVASIA, BPCL DEALER, ST. ALPHONSA FUELS,BHARANANGANAM, PIN 686578** - **2 SUNIL KUMAR P.S AGED 43, S/O.SOMAN, IOC DEALER,MEENAKSHI FUELS, PARACKAL THEKKATHIL,EDAPPARIYARAM PO, ELANTHOOR,PATHANAMTHITTA, PIN 689643** - **3 ANIYAN ABRAHAM AGED 59, P.K. ABRAHAM,IOC DEALER, P.K. ABRAHAM & SONS,VADASERIKARA, PIN 689662** - **4 SOUPARNIKA FUELS** **IOC DEALER, KULANADA PO, PANDALAM,PATHANAMTHITTA DISTRICT, PIN 689503,REPRESENTED BY ITS MANAGING PARTNER,M.R.RAJENDRAN NAIR, AGED 62, S/O.LATE K. RAMAKURUP** **5 GRACY ABRAHAM AGED 56, D/O.ABRAHAM,IOC DEALER, ROYAL FUELS, PALLIPPADI, MYLAPRA PO,PATHANAMTHITTA, PIN 689671** - **6 ASHWIN REJI AGED 26, S/O.REJI P EASOW,IOC DEALER, PALACKAMANNIL FUELS,THEODICAL PO, PIN 689613,PATHANAMTHITTA DISTRICT** **7 ASHA PRASAD AGED 45, D/O.V.K BALAKRISHNAN,IOC DEALER, GURUKRIPA FUELS,AYROOR SOUTH PO, RANNY TALUK,PATHANAMTHITTA, PIN 689611** - **8 SHINY SAMUEL** **AGED 46, D/O.K.E VARGHESE,IOC DEALER, KAYSONS FUELS,RING ROAD, PATHANAMTHITTA, PIN 689645** 6 _**WP(C).12202 & 13363 of 2018**_ - **9 K.C RAJAN IOC DEALER, KALLUVILA FUELS,POOVANPARA, KONNI PO,PATHANAMTHITTA, PIN 689691,AGED 73, S/O.KADEKKETH CHANDY** - **10 KAIRALY FUELS IOC DEALER, KUMBAZHA PO, PATHANAMTHITTA,REPRESENTED BY ITS MANAGING PARTNER,DHANYA LAKSHMI, AGED 36, W/O.K. HARIKUMAR** - **11 K.S ABRAHAM CO IOC DEALER, PAZHAVANGADI PO,RANNI, PATHANAMTHITTA, PIN 689673,REPRESENTED BY ITS PARTNER,ABU ZACHARIAH, AGED 43, S/O.ZACHARIAHA** - **12 ROY MATHEW AGED 56, S/O.LATE GEORGE MATHEW,IOC DEALER, POYANIL FUELS, KOZHENCHERRY PO, PATHANAMTHITTA, PIN 689641** - **13 RADCO FUELS IOC DEALER, RAMANCHIRA, MUTHOOR PO,THIRUVALLA 689107,REPRESENTED BY ITS MANAGING PARTNER,PRANANNS MENON, AGED 61, W/O.N.S MENON** - **14 PRIYANKA FUELS IOC DEALER, KULASEKHARAPATHY,KUMBAZHA ROAD, PATHANAMTHITTA, PIN 689645,REPRESENTED BY ITS PARTNER,P.A. ABRAHAM, AGED 52, S/O.P.I. ABRAHAM** - **15 GRACY BABU AGED 62, W/O.BABU P. THOMAS,IOC DEALER, PALAZHI FILLING STATION,NEAR HIGH SCHOOL JUNCTION,M.C. ROAD, ADOOR, PIN 69153** - **16 KOTTAYAM AND IDUKKI DISTRICTS PETROL DEALERS ASSOCIATION KODIMATHA, KOTTAYAM, REPRESENTED BY ITS PRESIDENT,LUKE THOMAS, FILING THIS WRIT PETITION ON BEHALF OF ITS 105 MEMBERS** **BY ADVS. SRI.SANTHOSH MATHEW SMT.KARTHIKA MARIA SMT.MARIA ROY SMT.VEENA RAVEENDRAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL** 7 _**WP(C).12202 & 13363 of 2018**_ ## **RESPONDENT/S:** - **1 UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT,MINISTRY OF PETROLEUM AND NATURAL GAS,SHASTRI BHAVAN, NEW DELHI 110001** - **2 BHARAT PETROLEUM CORPORATION LIMITED REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,BHARAT BHAVAN, 4 & 6 CURRIMBHOY ROAD,BALLARD ESTATE, MUMBAI 400001** - **3 THE TERRITORY MANAGER RETAIL BHARAT PETROLEUM CORPORATION LIMITED,RETAIL TERRITORY OFFICE, IRIMPANAM, ERNAKULAM, PIN 682309** - **4 INDAIN OIL CORPORATION LTD. REPRESENTED BY ITS CHAIRMAN,3079/3, J.B.TITTO MARG,SADIQ NAGAR, NEW DELHI 110049** - **5 CHIEF GENERAL MANAGER INDIAN OIL CORPORATION LTD.,KERALA STATE OFFICE, PANAMPILLY AVENUE,PANAMPILLY NAGAR, COCHIN 682036** - **6 HINDUSTAN PETROLEUM CORPORATION LTD. REPRESENTED BY ITS CHAIRMAN,PETROLEUM HOUSE, 17, JAMSHEDJI TATA ROAD,MUMBAI, MAHARASHTRA, 400020** - **7 SENIOR REGIONAL MANAGER HINDUSTAN PETROLEUM CORPORATION LTD.,COCHIN REGIONAL OFFICE, TATAPURAM,COCHIN 682018** **BY ADVS. SRI.JAISHANKAR V.NAIR, CGC SRI.M.GOPIKRISHNAN NAMBIAR SRI.JAISHANKAR V.NAIR CGC SRI.JOSON MANAVALAN SRI.K.JOHN MATHAI SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.P.GOPINATH** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.10.2018, ALONG WITH WP(C).12202/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **ANU SIVARAMAN, J. ----------------------------------------------W.P(C).Nos. 12202 and 13363 of 2018 ----------------------------------------------Dated this the 10[th] day of October, 2018** ## **JUDGMENT** These writ petitions are filed challenging circulars issued by the Oil Companies seeking details including income-tax returns, sales-tax returns and Bank statements of the petitioners. The petitioners, who are dealers of petroleum products under the respondent public sector Oil Companies, challenge Exhibit P2 series of circulars directing them to submit the details of dealerships including sales tax returns, income tax returns and Bank statements for the relevant financial years. Relying on the decision of the Apex Court in _**K.S.Puttaswamy v. Union of India**_ [(2017)10 SCC 1], it is contended that tax returns and Bank statements are private information in respect of the petitioners and the compulsory disclosure of the same would amount to violation of the fundamental right of privacy guaranteed to the petitioners. It is stated that all formalities required for grant of licence have been complied with in full by the petitioners. It is further submitted that there are specific checks and measures in force and the Oil Companies are enabled to access all necessary 9 _**WP(C).12202 & 13363 of 2018**_ information with regard to the retail dealers as well as the licences. It is stated that the income-tax returns of the petitioners would reveal much about their financial activities and would contain information which is completely unconnected with the dealership. It is stated that the details of income-tax returns, sales-tax returns and Bank details are completely unnecessary for the continuation of Dispensing Pump and Selling Licence agreement entered into by the petitioners with the public sector Oil Companies. It is stated that an ultimatum has been issued by the respondents stating that they will stop supplying petroleum products to the petitioners, if the required documents are not submitted. Relying on the decisions of the Apex Court in _**District Registrar and Collector v. Canara Bank**_ [(2005)1 SCC 496], _**Ram Rethmalani v. Union of India**_ [(2011)8 SCC 1] and _**K.S.Puttaswamy's case (supra)**_ , learned counsel for the petitioners would contend that the compulsory requirement that the petitioners should furnish private information relating to them for the continuance of the licence agreement is completely unjustified and is violative of their valuable right to privacy. 2. A counter affidavit has been filed on behalf of respondents 2 and 3 as well as by the 4[th] respondent. It is stated in the counter affidavit filed by respondents 2 and 3 that no personal details of the petitioners are being sought for by the respondents. It is stated at paragraph 3 of the counter affidavit of respondents 2 and 3 as follows: _“3. In order to ensure that the retail outlets of the 2[nd] respondent are not operated on a Benami basis are operated by_ 10 _**WP(C).12202 & 13363 of 2018**_ _the appointed dealers themselves as well as to also ensure that valid licenses are available, the 2[nd] respondent has taken a policy decision to require all their dealers to file a return before a due date, every year, either through the website or physically with the concerned office of the company. The said return will include filing of the following documentary evidences:_ _(I) Details of bank accounts of othe dealership which is operated for financial transactions with the Company with the name(s) of authorised signatories._ _(ii) Latest Balance Sheet of the RO dealership._ _(iii) Latest Income-tax return filed;_ _(iv) Latest Sales Tax Return filed;_ _(v) Bank account details;_ _(vi) Partnership deed;_ _(vii) Retail Selling Licence.”_ 3 _._ It is stated that the requirement for annual return has been in force from 2013-2014 and that more than 99% of the dealers including the 1[st] petitioner and several members of the 16[th] petitioner in W.P(C).No.13363 of 2018 have submitted returns as required. It is stated that this aspect had been considered earlier by this Court by Exhibits R2(a), R2(b), R2(c) and R2(d) judgments. 4. The learned Senior Counsel appearing for the respondents would submit that it is clear that what is required is only the details regarding the financial transactions of the dealership and no private information unconnected with the dealership is being sought for by the respondents. 5. The counter affidavit filed on behalf of the 4[th] respondent and 5[th] respondent would also make it clear that the dealer annual returns as contemplated by the respondents are for the year 2012-2013 onwards 11 _**WP(C).12202 & 13363 of 2018**_ and the requirement is only with regard to income-tax returns sales-tax returns and Bank statements of the dealership in question. It is stated that dealership agreements entered into by the petitioners with the Oil Companies had also specific clauses with regard to the disclosure of the required information to the Corporation. It is contended that the details are required to check any benami transactions with regard to the dealership in question and the petitioners have agreed to disclose all necessary details while availing the benefit to the dealers. It is stated that the present contention that details unconnected with the dealership are being required to be furnished is completely misconceived in view of the clear wordings in Exhibit P2 circular as well as the requirements of the DAR as stated in the counter affidavit. 6. I have considered the contentions advanced. The concern of the petitioners appears to be with regard disclosure of personal details sought for by the respondents which has no rational nexus to the conduct of the petroleum dealership awarded to them. It is further contended that their income-tax returns and Bank statements are materials which are of personal nature which is completely unconnected with the requirement of the Oil Companies. It is contended that there is chance of the data being leaked from the data base of the Companies which is a serious concern to right of privacy of the petitioners. It is contended that in cases where the dealership is run as personal proprietorship, the details sought for, if provided, would amount to 12 _**WP(C).12202 & 13363 of 2018**_ infringement on privacy of the concerned persons and is therefore not warranted. 7. From an examination of Exhibits P2 and P3 produced along with the writ petitions, it is clear that what is sought for is only the sales-tax returns, income-tax returns and Bank statements for the concerned financial years in respect of the dealership awarded by the respective public sector Oil Companies. The petitioners, who are retail dealers, are bound by the agreement executed between them and the Oil Companies in question. What is sought for by the circulars challenged herein are only the details with regard to the dealership in question and no personal details which are unconnected with the dealership are sought for. 8. I am of the opinion that the concern of the petitioners that their personal details would be disclosed and that there is a chance of further disclosure of these details is completely unwarranted in view of the fact that there are no personal details of any nature sought for apart from the income-tax returns, sales-tax returns and Bank statements with respect to the dealership. The decisions relied on by the petitioners do not preclude the requirement by the public sector Oil Companies that the petitioners should make due disclosure necessary for preventing any benami transactions or the benami conduct of dealership awarded by the said Companies. I am unable to find any reason for the apprehension of the petitioners that unconnected personal details are being sought for and that such details may be put to use as against them. The petitioners' 13 _**WP(C).12202 & 13363 of 2018**_ contention that their income-tax returns would contain other details regarding their personal transactions which is completely unconnected with the dealership also cannot be accepted, since the income-tax returns are consolidated documents and the requirement that they be produced cannot be held to be completely irrational or unconnected with the dealership. The petitioners have voluntarily availed dealership from the Oil Companies and are therefore liable to provide the details as sought for by them in terms of the agreement. 9. The contention that the requirement as provided in Exhibits P2 and P3 violates the personal rights of the petitioners is therefore without substance and the reliefs sought for cannot be granted. However, in case the petitioners have any specific complaint with regard to the nature of the documents sought for by them and in case they can point out any instance where the the documents sought for have no connection with the dealership in question or the agreement executed by them, those individual dealers who are aggrieved by specific demands can approach the respondents filing a representation pointing out their difficulty in producing any personal data sought for and seeking consideration of any alternate arrangements. In case a representation of that nature is filed by any of the petitioners or members of the 16[th] petitioner in W.P(C).No.13363 of 2018, the same shall be considered by the respondents and orders shall be passed thereon after hearing the persons who have filed such representation as well. It is made clear that 14 _**WP(C).12202 & 13363 of 2018**_ the details including income-tax returns, sales-tax returns and Bank statements in respect of the dealership as sought for are liable to be furnished by the petitioners. However, three weeks time will be granted for the petitioners to produce the same, in case, such returns have not already been submitted. The writ petition is ordered accordingly. Sd/- **ANU SIVARAMAN JUDGE** _vgs_ 15 _**WP(C).12202 & 13363 of 2018**_ ## **APPENDIX OF WP(C) 12202/2018** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE RETAIL OUTLET INSPECTION REPORT OF THE 1ST PETITIONER DATED 24.2.2018** **EXHIBIT P2 TRUE COPY OF THE CIRCULAR NO. TM.EKM.RO CIRCULAR DATED 15.02.2018 ISSUED BY THE 3RD RESPONDENT** **EXHIBIT P3 TRUE COPY OF THE SCREENSHOT OF A MESSAGE CIRCULATED BY THE 4TH RESPONDENT IN WHATSAPP GROUP OF THE RETAIL OUTLET DEALERS OF THE 4TH RESPONDENT** ## **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R2 A** A TRUE COPY OF THE COMMUNICATION ISSUED TO ALL DEALERS DATED 24.02.2014 **EXHIBIT R2 B** TRUE COPY OF THE JUDGMENT DATED 11.08.2014 IN WPC NO. 20294 OF 2014 **EXHIBIT R2 C** A TRUE COPY OF THE ORDER DATED 09.02.2017 PASSED BY THE PUNJAB AND HARYANA HIGH COURT IN CWP NO. 2505 OF 2017 **EXHIBIT R2 D** A TRUE COPY OF ORDER DATED 14.02.2017 PASSED BY THE PUNJAB AND HARYANA HIGH COURT IN CWP 2718 OF 2017 **EXHIBIT R4 A** TRUE COPY OF THE POLICY CIRCULAR NO. 213-05/2013 DATED 9TH MAY 2013 OF IOC **EXHIBIT R4 B** TRUE COPY OF THE JUDGMENT DATED 11.08.2014 IN WPC NO. 20294 OF 2014 **EXHIBIT R4 C** TRUE COPY OF THE JUDGMENT DATED 30.01.2015 IN RP NO. 97 OF 2015 16 _**WP(C).12202 & 13363 of 2018**_ ## **APPENDIX OF WP(C) 13363/2018** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 LIST OF MEMBERS OF THE KOTTAYAM AND IDUKKI DISTRICTS PETROL DEALERS ASSOCIATION EXHIBIT P2 TRUE COPY OF THE CIRCULAR NO. TM.EKM.RO CIRCULAR DATED 15.02.2018 ISSUED BY THE 3RD RESPONDENT EXHIBIT P3 TRUE COPY OF THE SCREENSHOT OF A MESSAGE CIRCULATED BY THE 4TH RESPONDENT IN WHATSAPP GROUP OF THE RETAIL OUTLET DEALERS OF THE 4TH RESPONDENT EXHIBIT P4 INTERIM, ORDER OF THIS HONOURABLE COURT DATED 6.4.2018 IN WPC NO. 12202/2018** ## **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R2 A** TRUE COPY OF THE COMMUNICATION DATED 24.02.2014 ISSUED BY THE RESPONDENT TO ALL DEALERS **EXHIBIT R2 B** TRUE COPY OF THE JUDGMENT DATED 11.08.2014 IN WPC NO. 20294 OF 2014 **EXHIBIT R2 C** TRUE COPY OF THE ORDER DATED 09.02.2017 PASSED BY THE PUNJAB AND HARYANA HIGH COURT IN CWP NO. 2505 OF 2017 **EXHIBIT R2 D** TRUE COPY OF THE SIMILAR ORDER DATED ON 14.02.2017 BY THE PUNJAB AND HARAYANA HIGH COURT IN CWP 2718 OF 2017 **EXHIBIT R4 A** TRUE COPY OF THE POLICY CIRCULAR NO. 213-05/2013 DATED 9TH MAY 2013 OF IOC **EXHIBIT R4 B** TRUE COPY OF THE JUDGMENT DATED 11.08.2014 IN WPC NO. 20294 OF 2014 **EXHIBIT R4 C** TRUE COPY OF THE JUDGMENT DATED 30.01.2015 IN RP NO. 97 OF 2015