Hindustan Petroleum Corp. v. Geetha Transport,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19.02.2018 Coram THE HONOURABLE Mr. JUSTICE K.K.SASIDHARAN AND THE HONOURABLE Mr. JUSTICE P.VELMURUGAN Rev.Appln.No.12 of 2018 in W.A.No.192 of 2014 1.Hindustan Petroleum Corporation Ltd., Rep. By its Chief Installation Manager Chennai Terminal 98/99, Elaiya Mudali Street Post Box No.1170 Washermanpet Post Chennai 600 021.

2.Hindustan Petroleum Corporation Ltd., Rep. By its General Manager South Zone, Thalamuthu Natarajan Building 8, Gandhi Irwin Road P.B.No.3045, Egmore Chennai 600 008.

... Applicants -vsGeetha Transport Rep. By its Proprietor N.Vedapuri.

... Respondent Review Application filed under Section 114 of CPC to review the order made in W.A.No.192 of 2014 dated 27.10.2017 and set aside the same. For applicants : Mr.M.Vijayan for M/s King and Partridge For Respondent : Mr.C.Rajan

ORDER

The appellant in W.A.No.192 of 2014 has come up with this Review Petition on the ground that there was no indication in the judgment that there is no need for the appellant to pay a sum of Rs.10 lakhs to the respondent.

2. The learned counsel for the appellants submitted that the writ petition filed by the respondent was allowed by the learned Single Judge. There was a prayer for payment of a sum of Rs.10 lakhs as compensation. Since there is no reference about the payment of compensation in the judgment in W.A.No.192 of 2014, it is not clear as to whether the appellants are liable to pay the said amount to the respondent.

3. There was no direction given by the learned Single Judge in the order in W.P.No.8280 of 2010 to pay compensation to the respondent. The fact that the learned Single Judge allowed the writ petition would not amount to a direction given to the appellants to pay compensation to the respondent. We are, therefore, of the view that no review is necessary in the order passed in W.A.No.192 of 2014.

The Review Application is disposed of with the above clarification. No costs.

(K.K.SASIDHARAN, J.) (P.VELMURUGAN, J.) 19 February, 2018 To 1.The Chief Installation Manager Hindustan Petroleum Corporation Ltd., Chennai Terminal 98/99, Elaiya Mudali Street Post Box No.1170 Washermanpet Post Chennai 600 021.

2.The General Manager Hindustan Petroleum Corporation Ltd., South Zone, Thalamuthu Natarajan Building 8, Gandhi Irwin Road P.B.No.3045, Egmore Chennai 600 008.

K.K.SASIDHARAN, J.

and P.VELMURUGAN, J.

gms Rev.Appln.No.12 of 2018 19.02.2018