- (1.) Heard Sri S.N. Varma, learned Senior Advocate, assisted by Sri Rajesh Kumar Singh, for the petitioners and Sri Prakash Padia for the respondent No. 1. Suit was filed by plaintiff-petitioners for mandatory injunction directing the defendant-respondents to continue supply of petroleum products. An application for temporary injunction was also moved. Trial Court granted ex parte temporary injunction on 5.1.2000 which was confirmed vide order dated 29.5.2009. A time barred appeal was preferred by respondent No. 1 along with section 5 application. Lower Appellate Court vide order dated 5.12.2009 condoned the delay in filing the appeal on payment of Rs. 500/- as costs, which was to be paid within a week. Subsequently, another application was moved on behalf of defendant-respondents that since the costs as directed vide order dated 5.12.2009 has not been paid as such the appeal is liable to be dismissed as already observed in the order dated 5.12.2009. Another application was filed on behalf of defendant-respondents seeking enlargement of time to deposit the costs. Lower Appellate Court below vide order dated 7.1.2010 enlarged the time for depositing the costs on further payment of Rs. 100/- as costs, which was to be paid within 24 hours. Aggrieved by the same, the petitioners have approached this Court.
(2.) Orders being purely interlocutory in nature and it was well within the discretion of the Lower Appellate Court to have enlarged the time for depositing costs considering the facts and circumstances brought on record by the respondents, there is hardly any scope for interference by this Court in the discretion exercised by the Court below.
(3.) The writ petition accordingly fails and stands dismissed. However, considering the facts and circumstances of the case, Lower Appellate Court is directed to decide the Misc. Appeal No. 37 of 2009, Indian Oil Corporation Limited Vs. Sanjay Singh and others, in accordance with law after notice and opportunity of hearing to all concerned within a period of two weeks from the date of production of a certified copy of this order before him.;