Allahabad High Court
M/S. Shiv Sai Indane Sewa Shop vs Union Of India And 4 Others on 20 April, 2023
Bench: Mahesh Chandra Tripathi, Manjive Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- WRIT - C No. - 3662 of 2021
Petitioner :- M/S. Shiv Sai Indane Sewa Shop
Respondent :- Union Of India And 4 Others
Counsel for Petitioner :- Rishi Bhushan Jauhari
Counsel for Respondent :- A.S.G.I.,Archana Singh,Rakesh Kumar Pandey
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Manjive Shukla,J.
Heard learned counsel for the petitioner and Mrs. Archana Singh, learned counsel for the respondents.
Present writ petition has been preferred for quashing the orders dated 14.9.2020 and 16.4.2020.
It is contended that the petitioner firm was awarded LPG distributorship by the Indian Oil Corporation Ltd. on 30.10.2014. A joint inspection was conducted on 24.12.2019 on the distributorship of the petitioner situated at Kaushambi, Distt. Ghaziabad and consequently a show cause notice was issued to the petitioner on 31.1.2020. In response to the said notice, the petitioner submitted reply on 7.3.2020. Eventually the respondent no.5 passed the order impugned on 16.4.2020. It is contended that since at the relevant point of time there was outbreak of Covid-19 pandemic and as such the appeal against the order impugned could not be filed well within statutory period of one month. The appeal could be filed on 6.8.2020. The said appeal filed by the petitioner has been dismissed by respondent no.4 by order impugned dated 14.9.2020 on the ground of delay and affirming the order dated 16.4.2020. It is contended that during Corona period the situation was beyond control and as such the the appeal should not be dismissed on the the ground of delay and it should be decided on merits. It is also contended that looking to the situation arising out of the challenge faced by the country on account of Covid-19 virus and resultant difficulties faced by litigants across the country in filing their petitions/ applications/ suits/ appeals/ all other proceeding within the period of limitation prescribed under the general law of limitation or under special laws (both Central and/ or State), the period of limitation in all matters was extended by Hon'ble the Apex Court in Suo Motu Writ Petition (Civil) No(s). 3 of 2020, In Re Cognizance for Extension of Limitation vide order dated 23.3.2020. The said limitation was also further extended from time to time till the date on which the lock down is lifted. In this backdrop, it is contended that the order impugned cannot sustain and the appeal is liable to be decided on merits.
Learned counsel for the respondents could not dispute the legal proposition propounded by Hon'ble the Apex Court in the aforesaid judgment.
Considering the facts and circumstances of the case, we find that in view of the aforesaid judgment passed by Hon'ble the Apex Court, the appeal of the petitioner is liable to be considered on merits. In view of this, the order impugned dated 14.9.2020 passed by appellate authority is set aside. The matter is remitted to the appellate authority to decide the appeal of the petitioner on merits. It is made clear that the Court has not expressed any opinion on merits of the issue and the appellate authority will proceed strictly in accordance with law ignoring the delay and laches.
The writ petition is partly allowed accordingly.
Order Date :- 20.4.2023
SP/
