Rajasthan High Court - Jodhpur
Kewal Chand vs Indian Oil Corporation Limited on 5 July, 2022
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16221/2019
Kailash Chandra S/o Shri Bhoora Ram, Aged About 41 Years,
Resident Of Meghwalon Ka Bass, Panchunda Kala, District Pali
(Raj.).
----Petitioner
Versus
1. Indian Oil Corporation Limited, Through Its Chief General
Manager, Registered Office G-9, Ali Yavar Jung Marg,
Banda (East), Mumbai-450001.
2. The Chief Area Manager, Indian Oil Corporation Limited,
Indian Oil Bhawan, Sector-12, Chopasni Housing Board,
Jodhpur.
3. Shri Prem Chand Bairwa S/o Shri Bhola Ram Bairwa,
Resident Of Village Manyapura, Post Bhilkhera, Tehsil
Mahwa, District Dausa-321613.
----Respondents
Connected With
S.B. Civil Writ Petition No. 2129/2020
Kewal Chand S/o Shri Ottaram, Aged About 49 Years, R/o Village
Kantaliya, District Pali.
----Petitioner
Versus
1. Indian Oil Corporation Limited, Through Its Chief General
Manager, Registered Office G-9, Ali Yavar Jung Marg,
Bandara (East), Mumbai - 450001.
2. The Senior Area Manager, (Marketing Division) Indian Oil
Corporation Limited, Indane Area Office, Sector-12,
Chopasni Housing Board, Jodhpur.
3. Prem Chand Bairwa S/o Bhola Ram Bairwa, R/o Village
Manyapura, Post Bhilkhera, Tehsil Mahwa, District Dausa -
321613.
----Respondents
For Petitioner(s) : Mr. Sanjeet Purohit
Mr. Siddharth Bapna
For Respondent(s) : Mr. Sandeep Shah, AAG, Sr. Adv.
Ms. Akshiti Singhvi
Mr. Aidan Choudhary
Mr. Muktesh Maheshwari
(2 of 3) [CW-16221/2019]
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment / Order
05/07/2022
Heard learned counsel for the parties.
Learned counsel for the petitioner submits that the
controversy involved in the present case is squarely covered by
the judgment of the Hon'ble Calcutta High Court decided on
13.09.2018 in C.A.N. No. 809/2018 in M.A.T. No. 127/2018 titled
as "Chhanda Koley vs. Bharat Petroleum Corporation Ltd. & Ors."
He submits that against the order of the Hon'ble Calcutta High
Court dated 13.09.2018, a Special Leave Petition has been filed
and the Hon'ble Supreme Court has issued notices and passed an
interim order for maintaining status quo.
Learned counsel for the respondents submits that
Hon'ble Gujarat High Court in the Letters Patent Appeal No.
790/2016 (Vikram Singh Anopji Chanda vs. Chief Regional
Manager HPL & Ors.) held that office note dated 15.07.2015 will
have retrospective application. The matter was taken to the
Hon'ble Supreme Court, whereby the Special Leave Petition
against the order of the Hon'ble Gujarat High Court has been
rejected.
Considering the submissions made at the Bar, this Court is of
the view that since the S.L.P. against the order passed by the
Hon'ble Calcutta High Court on 13.09.2018 is pending
consideration before the Hon'ble Supreme Court being Special
Leave to Appeal (C) No. 30152/2018, therefore, let the writ
petition be listed on an application being preferred by the parties,
immediately after the disposal of the Special Leave to Appeal (C)
No. 30152/2018 pending before the Hon'ble Apex Court.
(3 of 3) [CW-16221/2019]
It is also made clear that the Letter of Intent dated
05.07.2019 issued in favour of the respondent No.3 and the
operations of the dealership will not create any equity in his
favour.
(VINIT KUMAR MATHUR),J
15-16/Nitin/KashishS/-
Powered by TCPDF (www.tcpdf.org)
