M/S. Abla And Company, Malkapur Through Its Proprietor Mohammad Farooque Mohammad Ishakque Abla v. Bharat Petroleum Corporation Ltd. Manmad Thr. Its Territory Manager (Retail)
1 wp611.15.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR WRIT PETITION NO.611 OF 2015 [M/s. Abla & Company and others .vs. Bharat Petroleum Corporation Limited and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.A. Naik, Advocate for the petitioners, Shri Abhay Sambre, Advocate for respondent no.1, Shri A.J. Thakkar, Advocate for respondent nos.2 and 3, Shri M. Atteque, Advocate for respondent no.4. ..........
CORAM : B.P. DHARMADHIKARI AND A.S. CHANDURKAR, JJ.
DATED : SEPTEMBER 19, 2016.
Heard respective counsel.
Impugned order has been passed on 27.1.2015 alleging that the reconstitution papers submitted by the petitioner do not contain NOC of Shri Mohd Anis Mohd Issaque Abla and Smt. Joharabegum - son and daughter of late Issaque Abla.
The petitioner has attempted to demonstrate that these documents were supplied earlier that is way back in 2006 and, thereafter, again on 22.12.2014, after receipt of communication, dated 22.12.2014.
The fact that the documents have been supplied is not in dispute.
In this situation, though respective counsel want this court to look into the legality or validity of those documents or the exercise undertaken, we are not inclined to embark upon that exercise. Impugned order mentions that the documents are not supplied. As the respondent
2 wp611.15.odt no.1 has received the documents, impugned order is unsustainable. It is set aside. Respondent has to peruse the documents supplied, examine them and pass further suitable order in accordance with law, if necessary, after hearing all concerned.
Hence, keeping all rival contentions open and with direction to respondent no.1 to proceed further in the matter in accordance with law, we dispose of this writ petition. No costs.
JUDGE JUDGE Gulande
3 wp611.15.odt C E R T I F I C A T E "I certify that this order uploaded is a true and correct copy of original signed order."
Uploaded by : A.S. Gulande, P.A. Uploaded on : 20.09.2016