Patna High CourtMJC/3408/2017withdrawn

M/S Jai Hanuman Petroleum And ANR v. Indian Oil Corporation Limited And ORS

2019-03-06Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3408 of 2017 In Civil Writ Jurisdiction Case No.4419 of 2013 ======================================================

1. M/s Jai Hanuman Petroleum at village Sarai Baksh, P.O. and P.S. Bheldi, District Saran through its Proprietor.

2. Sheo Nath Rai, son of Deo Balak Rai, Proprietor of the petitioner no. 1, resident of village and P.O. Katsa, P.S. Bheldi, District - Saran. ....... Petitioners

Versus

1. Indian Oil Corporation Limited, G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai through its Chairman

2. General Manager, Bihar, Indian Oil Corporation Ltd., Lok Nayak Bhawan, 5th Floor, Dak Bunglow Road, Patna

3. Deputy General Manager, Sales and Supply, Bihar, Indian Oil Corporation Ltd., Lok Nayak Bhawan, 5th Floor, Dak Bungalow Road, Patna.

4. Muzaffarpur Divisional Office, Indian Oil Corporation Ltd., Krishna Complex, Akharaghat Road, Muzaffarpur through Senior Divisional Retail Sales Manager.

5. Senior Divisional Retail Sales Manager, Indian Oil Corporation Ltd., Muzaffarpur Division Office, Krishna Complex, Akharaghat Road, Muzaffarpur

6. Assistant Manager, Indian Oil Corporation Ltd., Retail Sales, Chapra. .......... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Nagendra Rai Mr. Navin Nikunj, Advocates For the Opposite Parties :

Mr. Anil Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 06-03-2019 Heard learned counsel for the petitioners as well as learned counsel for the opposite parties.

2. This application has been filed for modification of the judgment dated 28.10.2016 passed in CWJC No. 4419 of 2013.

3. After some arguments and in view of the judgment separately passed today in Civil Review No. 307 of 2018, learned counsel for the petitioners proposes to file LPA against the judgment dated 28.10.2016 passed in CWJC No. 4419 of 2013.

Patna High Court MJC No.3408 of 2017 dt.06-03-2019 2/2

4. In that view of the matter, the modification petition is sought to be withdrawn with liberty to the petitioners to file the same if need arises in the future.

5. This application stands dismissed with the aforesaid liberty.

BT/- (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 10.03.2019 Transmission Date N.A.