Kerala High Court
M/S. Aswathy Gas Agencies, Payyannur vs Indian Oil Corporation Ltd., ... on 26 September, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
Thursday, the 26th day of September 2024 / 4th Aswina, 1946
WP(C) NO. 30986 OF 2023 (W)
PETITIONER:
M/S. ASWATHY GAS AGENCIES, PAYYANNUR, A PARTNERSHIP REPRESENTED BY
ITS MANAGING PARTNER, P.SAJITH, S/O. P.V.UNNIKRISHNAN, AGED 43
YEARS, BUSINESS, RESIDING AT UPASANA, P.O.EDAT, KANNUR DISTRICT, PIN
- 670327.
RESPONDENTS:
1. INDIAN OIL CORPORATION LTD., REPRESENTED BY THE CHIEF LPG MANAGER,
INDIAN OIL CORPORATION LTD., KERALA STATE OFFICE, PANAMPILLY AVENUE,
PANAMPILLY NAGAR.P.O., COCHIN, PIN - 682036
2. THE CHIEF AREA MANAGER, INDANE AREA OFFICE, INDIAN OIL CORPORATION
LTD, 2ND FLOOR, PMK TOWER, CIVIL STATION.P.O., WYNAD ROAD,
KOZHIKODE, PIN - 673020
3. ADDL R3 THE GOODS AND SERVICES TAX COUNCIL REPRESENTED BY THE
SECRETARY OF GST COUNCIL,5TH FLOOR,TOWER II,JEEVAN BHARATI BUILDING,
JANPATH ROAD,CONNAUGHT PALACE,NEW DELHI-110001. ADDITIONAL R3 IS
IMPLEADED AS PER ORDER DATED 19/10/2023 IN IA 01/2023 IN WPC
30986/2023.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay Exhibit P7 order pending disposal of the above Writ
Petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
05.02.2024 and upon hearing the arguments of SRI.R.SURENDRAN, Advocate for
the petitioner, M/S.Gopikrishnan Nambiar M, K.JOHN MATHAI, JOSON
MANAVALAN, KURYAN THOMAS, PAULOSE C. ABRAHAM & RAJA KANNAN, Advocates for
R1 & R2, SRI.M.ALFRED LIONEL WINSTON, Advocate for Addl.R3, the court
passed the following:
HARISANKAR V. MENON, J.
....................................................................
W.P.(C)Nos.9331 of 2020, 9360 of 2020,
9383 of 2020, 2552 of 2021, 8548 of 2021,
11912 of 2021, 12028 of 2021, 26790 of 2021,
2776 of 2022, 30986 of 2023, 22290 of 2024
and 22392 of 2024
..............................................................
Dated this the 26th day of September, 2024
ORDER
It is pointed out by the learned Senior Counsel -
Sri.Nandakumar that the very same issue has been decided
in favour of the Petroleum Companies by a Division Bench of
the Delhi High Court. He further points out that this Court
had granted stay in these cases following the judgment of the
learned Single Judge of the Delhi High Court, which has been
reversed by the Division Bench now. He further points out
that as against the judgment of the learned Division Bench,
the dealers have taken up the matter in appeal before the
Supreme Court and no stay is granted. In such
circumstances, he prays this Court to vacate the interim
orders granted in these cases.
The counsel for the petitioner seeks time.
Post on 07.10.2024.
Sd/-
HARISANKAR V. MENON
JUDGE
rp
26-09-2024 /True Copy/ Assistant Registrar
