Madras High Court
Bharat Petroleum Corporation ... vs Sekhar Enterprises on 8 February, 2021
W.A.No.376 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.No.376 of 2021
1. Bharat Petroleum Corporation Limited
rep. by its General Manager
No.1, Ranganathan Gardens
11th Main Road, Anna Nagar
Chennai – 600 040.
2. The Territory Manager (Retail)
Bharat Petroleum Corporation Limited
No.35, Vaidyanathan Street
Tondiarpet, Chennai – 600 081. .. Appellants
Vs.
Sekhar Enterprises
rep. by its Proprietor, T.Rajashekhar
No.345, G.N.T.Road
Gummidipoondi – 601 201
Thiruvallur District. .. Respondent
Prayer: Appeal under Clause 15 of the Letters Patent against the order
dated 3.11.2020 made in W.P.No.12256 of 2019.
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W.A.No.376 of 2021
For Appellants : Mr.M.V.Vijayan
for M/s.King and Partridge
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
The appellants cannot be perceived to be persons aggrieved
by the order impugned dated November 3, 2020.
2. The appellants are a nationalized oil company and one of its
managers. The respondent herein is a retailer. The writ petition
was instituted to quash a direction dated April 9, 2019 for the writ
petitioner being required to shift and relocate his outlet.
3. It is necessary that the operative part of the order
impugned be seen in its entirety:
“12. In view of the same, the rejection is correct.
However, as and when the petitioner faces threat of
eviction from the land owner, his request for
resitement, shall be considered by the
respondents/BPCL.
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W.A.No.376 of 2021
13. With the above observation and direction, the
writ petition is disposed of. However, there shall be
no order as to cost. Consequently, the connected
writ miscellaneous petition is closed.”
4. The rejection that is referred to in the passage quoted
above pertains to the rejection of a representation of the writ
petitioner. Since the Writ Court found such rejection to be correct
and did not interfere therewith, the present appellants cannot have
any manner of grievance against the relevant order. The second
sentence in paragraph 12 merely asks the appellants herein to
consider a further representation that may be made without putting
any fetters on the appellants herein. Such part of the order would
imply that the appellants herein are free to consider and reject such
further representation.
5. In such circumstances, the appellants do not appear to
have been hard done by or prejudiced in any manner by the order
impugned to be aggrieved thereby or dissatisfied therewith.
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https://www.mhc.tn.gov.in/judis/
W.A.No.376 of 2021
6. The appellants say that an independent appeal has been
filed by the respondent herein. The present appeal cannot bolster
the present appellants' case in the respondent's appeal. This appeal
is dismissed on the ground that the appellants have not been
prejudiced by the impugned order and without prejudice to the
rights of the present appellants to sustain the order impugned
herein in the respondent's appeal.
W.A.No.376 of 2021 is dismissed. There will no no order as to
costs.
(S.B., CJ.) (S.K.R., J.)
08.02.2021
Index : No
sasi
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https://www.mhc.tn.gov.in/judis/
W.A.No.376 of 2021
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY, J.
(sasi)
W.A.No.376 of 2021
08.02.2021
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https://www.mhc.tn.gov.in/judis/
