Hpcl vs M/S Kumar Service Station
2009 Latest Caselaw 993 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+                          FAO(OS) 99/2009


                                   Date of Decision: 25rd March, 2009


       HPCL                                            ..... Appellant
                        Through:     Mr. Raju Ramchandran, Sr. Advocate
                                     with Mr. Rajiv Kapur, Advocate.

                  versus


       M/S KUMAR SERVICE STATION                      ..... Respondent

Through:

CORAM:

HON'BLE MR. JUSTICE MUKUL MUDGAL HON'BLE MR. JUSTICE VIPIN SANGHI

1. Whether the Reporters of local papers may No be allowed to see the judgment?

2. To be referred to Reporter or not? No

3. Whether the judgment should be reported No in the Digest?

%                          JUDGMENT (Oral)


MUKUL MUDGAL,J


1      Learned counsel for the appellant has relied upon judgments of

the Hon'ble Supreme Court titled as Indian Oil Corporation Limited

Vs. Amritsar Gas Service, (1991) 1 SCC 533 and Hindustan

petroleum Corporation Limited Vs. Sriman Narayan, (2002) 5

SCC 760. He submits that the impugned order could not be passed as

it amounted to restoration of dealership contrary to the law laid down

by the Hon'ble Supreme Court.

2 We are of the view that the appellant has approached the

Division Bench in appeal without approaching the learned Single Judge

for variation or vacation of the order dated 6.03.2009. In our view, the

appropriate course of action for the appellant to adopt would be to

move an application under Section 39 (4) C.P.C. before the learned

Single Judge. We have no doubt and indeed expect that learned Single

Judge will decide the OMP and the application for the vacation of stay,

if moved, on or before 25.05.2009.

3 With these directions the appeal is permitted to be withdrawn

and stands disposed off.

MUKUL MUDGAL,J

VIPIN SANGHI, J MARCH 25, 2009 dp