INDIAN OIL CORPORATION LTD. Vs. RAMESH SON OF WASANJI KARIYA
HIGH COURT OF BOMBAY (AT: NAGPUR)
INDIAN OIL CORPORATION LTD.
Ramesh Son Of Wasanji Kariya
Click here to view full judgement.
(1.) Since notice for final disposal has been issued in both these Civil Revision Applications in which common issues arise, they are
being decided by this common order.
(2.) The Applicant, who is defendant no.2 in the suits instituted by the Non-applicants - original plaintiffs is aggrieved by the order
passed by the trial Court refusing to dismiss the suits filed by the said
non-applicants on the ground that the same are not tenable as per the
law laid down by the Honourable Supreme Court.
(3.) Brief facts giving rise to the present proceedings are that the original plaintiffs claim to have taken various steps for installation
of petroleum outlets on their lands in terms of policy circular dated
14th November, 2002. According to the plaintiffs, despite taking all such necessary steps, the plaintiffs have not been allotted such
dealership on the ground that the earlier policy had undergone a
change as a result of which, it was the stand of the applicant that the
plaintiffs' rights were extinguished. On that basis, the plaintiffs have
filed suits for declaration that they had right to receive dealership of
their petrol pumps along with prayer for mandatory injunction to allot
the same in their favour. Ancillary perpetual injunction was also
sought. In these suits, the applicant moved applications for dismissal
of the suits on the ground that in view of the judgment of the
Honourable Supreme Court in Mohd. Jamal Vs. Union of India &
another [ (2014) 1 SCC 201], the plaintiffs had no right to seek
allotment of dealership on the basis of the policy circular dated 8th
October, 2002 as the same had been suspended on 5th February,
2003. The dismissal of the suit was sought on said ground. The plaintiffs opposed the said applications and by the impugned order, the
trial Court refused to accept the stand of the applicants and rejected
the applications. Being aggrieved, the applicants have filed the
present Revision Applications.;
Copyright © Regent Computronics Pvt.Ltd.