M/S Vandana Automobiles vs Bharat Petroleum Corp. Ltd. And ...
2013 Latest Caselaw 7326 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 72805 of 2010
 

 
Petitioner :- M/S Vandana Automobiles
 
Respondent :- Bharat Petroleum Corp. Ltd. And Others
 
Counsel for Petitioner :- Lm. Singh,Ravi Kiran Jain
 
Counsel for Respondent :- S.C.,Prakash Padia
 

 
Hon'ble Arun Tandon,J.

Hon'ble Anjani Kumar Mishra,J.

After the matter was heard at some length Sri Ravi Kiran Jain, Senior Advocate assisted by Sri L.M. Singh submitted that the challenge made to the marketing discipline guidelines of 2005 is not being pressed at the moment and that the petitioner is ready and willing to avail the remedy of appeal as provided under Clause 6.3.5 Note IV of the Marketing Discipline Guidelines.   However, it is submitted that the period for filing of appeal has expired in between.   Therefore, this Court may grant some reasonable time to file the appeal which may be directed to be decided within the time permitted under the clause itself.  

Learned counsel for the Bharat Petroleum Corporation has no objection, if some time is permitted by this Court to the petitioner to file his appeal in terms of the marketing discipline guidelines referred to above. 

In view of the aforesaid, we dispose of the present writ petition by permitting that the petitioner may seek his remedy by way of appeal at the first instance under Clause 6.3.5 Note IV of the Marketing Discipline Guidelines. 

For the purpose, it is provided that the petitioner may file his appeal within three weeks from today along with certified copy of this order.   If the appeal is filed within time indicated above, no objection with regard to delay if any is filing of the appeal shall be taken and the appellate authority is requested to decide the appeal within the time specified under the Clause itself.

Order Date :- 6.12.2013

Priyanka