Karnataka High Court
M/S. Blumoon Service Station vs Sri. Sunil Kumar Mishra on 5 November, 2024
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CCC No. 693 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K. V. ARAVIND
CCC NO. 693 OF 2024 (CIVIL)
BETWEEN:
1. M/S. BLUMOON SERVICE STATION
INDIAN OIL DEALERS,
B.M. ROAD,
KUSHALANAGAR, SOMAVARPET,
KODAGU DISTRICT - 571 234,
REPRESENTED BY ITS MANAGING PARTNER,
SRI H. S. ASHOK,
S/O. LATE H. K. SURESH,
AGED ABOUT 64 YEARS.
...COMPLAINANT
(BY SRI AMRUTHESH N.P., ADVOCATE)
AND:
1. SRI SUNIL KUMAR MISHRA
MAJOR, DIVISIONAL MANAGER,
Digitally signed
by VALLI INDIAN OIL CORPORATION LTD.,
MARIMUTHU NO.L36-A, 1ST FLOOR, B.N. ROAD,
Location: High MYSURU TRADE CENTRE,
Court of
Karnataka OPP. KSRTC BUS STAND,
MYSURU - 570 001.
...ACCUSED
(BY SRI PRASHANTH KUMAR S.T., ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, PRAYING TO INITIATE NECESSARY
PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEYING THE
ORDERS PASSED BY THIS HON'BLE COURT IN W.P.NO.56397/2017
DATED 20.02.2023 VIDE ANNEXURE - A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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CCC No. 693 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Learned Single Judge while disposing the writ petition as per
his order dated 20.02.2023 directed the petitioner to submit a
representation to the respondent-Indian Oil Corporation Limited
seeking written approval of the Corporation to supply retail outlet.
The respondent-Corporation was directed to consider the same.
It was further provided that the respondent-Corporation shall not
precipitate the matter till the representation of the petitioner is
considered and until consideration of the representation, the
Corporation shall allow the petitioner to continue the retail outlet.
2. It is the aforesaid directions which are brought under the
contempt jurisdiction of this Court by filing this petition.
3. In response to the notice issued by the Court, statement of
objections dated 04.11.2024 came to be filed by the respondent in
which it is inter alia stated that the Indian Oil Corporation has
already considered the representation, which was rejected. It was
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stated that the decision of the Corporation was intimated to the
complainant by email dated 01.08.2023, copy of the email is
produced along with the objections-cum-affidavit. It was further
stated that the Corporation thereafter issued legal notice dated
05.09.2024 to the petitioner. It was submitted by learned advocate
Mr. S.T. Prashanth Kumar for the respondent that the directions
are complied with.
4. An attempt was made by learned advocate for the petitioner
to submit that email communication rejecting the application of the
petitioner dated 01.08.2023 was not received by the petitioner. Be
that as it may.
5. In any view, with the filing of the aforesaid affidavit and
production of the copy of the said email communication, the
decision stands served on the petitioner.
6. It is not in dispute that retail outlet was permitted to be
continued by the Corporation and the petitioner who was running
the outlet till the representation is decided.
7. Nothing survives in the present contempt proceedings. It is
disposed of accordingly.
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Learned advocate of the petitioner, at this stage, stated that
the petitioner has filed response to the legal notice, a separate
detailed application and the same may be considered by the
Corporation. The above aspect falls outside the scope of the
present contempt proceedings. However, if the corporation has
received the same, it shall be looked into in accordance with law
and on merits.
In view of disposal of the petition, the interlocutory
application would not survive and it stands accordingly disposed of.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
DDU
