Hpcl & Ors vs Ghosh Oil Movers & Anr
2023 Latest Caselaw 4059 Cal

   Ct. 05
Item No.02
03.07.2023
(Suvendu)
                                    RVW 253 of 2022
                                        In
                                WPA 24254 of 2022
                                     With
                                  CAN 1/2023

                                   HPCL & Ors.
                                       Vs.
                               Ghosh Oil Movers & Anr.

                      Mr. Biswanath Chatterjee
                      Mr. Sobhan Kumar Pathak
                                    .....for the review applicants
                      Mr. Debabrata Saha Ray
                      Mr. Subhankar Das
                      Mr. Neil Basu
                            .........for the OP(review application)


                      The application for Review is in relation to an
             order passed by this Court on 23rd November, 2022.
                      Learned counsel appearing for the petitioners
             submits that the order was passed without affidavits
             and hence the petitioners (respondents in the writ

petition) did not get a chance to bring relevant facts on record. Counsel also relies on a judgment pronounced by this Court in a matter involving similar facts in M/s. Moumita Logistics & Anr. Vs. Hindustan Petroleum Corporation Ltd. & Ors. in WPA 24259 of 2022 The judgment was delivered on 2nd March, 2023.

Since the petitioners are armed with a judgment of this Court, the respondents should be given an opportunity to file its affidavit-in-opposition.

The affidavit-in-opposition should be filed within two weeks from date; Reply within a week thereafter. List this matter after three weeks.

The point of maintainability shall be kept open.

(Moushumi Bhattacharya, J.)