- (1.) Plaintiff-Respondent M/s Khaybar Transport Pvt. Ltd. is a company. It was granted a licence to run a dispensing pump under an agreement dated 15th December, 2005 by the Defendant-revisionist Bharat Petroleum Corporation Ltd. The said agreement was terminated on 29.5.2008. The order of termination of the licence was challenged by the Plaintiff-Respondent by filing a Writ Petition No. 2701 of 2008. The writ petition was dismissed on 3.6.2008 on the ground of alternative remedy observing that the Plaintiff-Respondent has an effective alternate remedy of filing a civil suit before the civil Court concerned. On the basis of the observation made in the above order, Plaintiff-Respondent instituted Original Suit No. 1984 of 2008 claiming two relief's. First, for the issuance of decree of declaration declaring the cancellation of the licence to be illegal, arbitrary, void, and ineffective. Secondly, to grant a decree of mandatory injunction directing the Defendant-revisionist to restore the supply of diesel and petrol to the outlet of the Plaintiff-Respondent.
(2.) The said suit is being contested by the Defendant-revisionist wherein a written statement has been filed inter alia taking objection that the suit is barred by the provisions of Order 7 Rule 11 Code of Civil Procedure as well as by Sections 41 and 42 of the Specific Relief Act, 1963.
(3.) Accordingly, issues were framed on 27.7.2009 and the issue No. 3 happens to be as to whether the suit is barred by Order 7 Rule 11 Code of Civil Procedure.;