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Bombay High CourtRPW/93/2021disposed off

Indian Oil, Corporation Ltd. Through Its General Mgr. And ORS. v. Mr. R.R. Arya And ORS

2023-01-24Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice R. I. Chagla2 pages

by JITENDRA SHANKAR NIJASURE Date: 2023.01.31 12:47:07 +0530 JITENDRA SHANKAR NIJASURE 5-rpw-93-2021.doc jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.93 OF 2021 IN WRIT PETITION NO.7321 OF 2018 Indian Oil Corporation

...Petitioner

Versus

R.R. Arya & Ors.

...Respondents

---------- K.P. Anil Kumar, Amit Saple, Ms. Priyanka Kumar and Chinmay Apte for the Petitioner.

Abhijeet Desai with Amol Jagtap i/b. Desai Legal for the Respondents.

---------- CORAM :R.D. DHANUKA, AND R.I. CHAGLA JJ.

DATE :24 January 2023.

ORDER :

1.

By this Review Petition, the Review Petitioner (Original Respondent Nos.1 and 2) seeks recall of the order dated 8th February, 2021 passed by the Division Bench of this Court whereby while admitting the Writ Petition the Division Bench of this Court granted interim relief staying the operation and implementation of the impugned orders dated 9th August, 2016 and 30th May, 2017 passed by Respondent Nos.1 and 2 respectively. 1/2

5-rpw-93-2021.doc 2.

This Court has already expedited the hearing of the Writ Petition by said order dated 8th February, 2021. The Court has recorded various reasons as to why the Original Petitioner has made out a case for admission of the Writ Petition and for granting the interim relief.

3.

We have perused the grounds raised in the Review Petition. The Review Petitioner seeks to re-argue the matter on merits which is not permissible. No error on the face of the record is pointed out.

4.

Writ Petition is admitted and is still pending. Review Petition is thoroughly misconceived and is accordingly dismissed. 5.

Since the hearing of the Writ Petition is already expedited, the parties are at liberty to apply for fixing of the early date of hearing before the Division Bench having assignment of the Writ Petition in question.

[ R.I. CHAGLA J. ] ( R.D. DHANUKA, J.) 2/2