The Executive Director v. S. Elango

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Monday, the Twenty Sixth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.M.SUNDRESH and The Hon`ble Ms Justice R.N.MANJULA CMP No.7298 of 2020 IN WA.NO.485 OF 2020 1 THE EXECUTIVE DIRECTOR, [ PETITIONERS ] INDIAN OIL CORPORATION LIMITED, SOUTHERN REGION, NO.139, INDIAN OIL BHAVAN, NUNGAMBAKKAM, CHENNAI 18 2 THE SENIOR AREA MANAGER INDIAN OIL CORPORATION MARKETING DIVISION INDANE AREA OFFICE, COIMBATORE 18 Vs 1 S. ELANGO [ RESPONDENT ] 2 THE UNION OF INDIA MINISTRY OF PETROLEUM AND NATURAL GAS, NEW DELHI.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of stay of all further proceedings of the order in WP.No.17828 of 2018 dated 27-02-2020 (in CMP.No.7298/2020) pending disposal fo the Writ Appeal 485/2020.

Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.M.S.KRISHNAN Senior Counsel for MR.MOHAMMED FAYAZ ALI, Advocate for the petitioner and of MR.R.SINGARAVELAN Advocate for 1st respondent and MR.J.MADANAGOPAL RAO Advocate 2nd respondent the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/

[Order of the Court was made by M.M.SUNDRESH, J.] Heard the learned counsel for the appellants and the learned counsel for the respondents.

2. The issue involved is with respect to the allotment of the distributorship. It prima facie appears that the first respondent/writ petitioner did not comply with the mandate of registered document.

3. In our considered view, the learned Single Judge has misconstrued the scope of Section 47 of the Registration Act, particularly when the unregistered document produced earlier and thereafter registered document dealt with different dates.

4. In such view of the matter, status quo earlier granted is made absolute. This miscellaneous petition is disposed of. Post the appeal for final hearing on 17.08.2021. -sd/- 26/04/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE EXECUTIVE DIRECTOR, INDIAN OIL CORPORATION LIMITED, SOUTHERN REGION, NO.139, INDIAN OIL BHAVAN, NUNGAMBAKKAM, CHENNAI 18 2 THE SENIOR AREA MANAGER INDIAN OIL CORPORATION MARKETING DIVISION INDANE AREA OFFICE, COIMBATORE 18 3 THE UNION OF INDIA MINISTRY OF PETROLEUM AND NATURAL GAS, NEW DELHI Order in CMP.7298/2020 IN WA.NO.485 OF 2020 Date :26/04/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 30/04/2021 https://hcservices.ecourts.gov.in/hcservices/