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High Court of Punjab and HaryanaCWP/19720/2015disposed of

M/S Kissan Filling Station v. Indian Oil Corpn. Ltd.& ORS.

2015-10-13Mr. Justice Dr. Shekher Dhawan,Mr. Justice M.M. Aggarwal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-19720 -2015 Date of decision:- 13.10.2015 M/s Kissan Filling Station

...Petitioner

Versus

Indian Oil Corporation Ltd. and others

...Respondents

CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA Present: Mr. Anand Chhibbar, Senior Advocate, with Mr. Amit Sharma, Advocate, for the petitioner.

Mr. Ashish Kapoor, Advocate, for the respondents.

* * * * S.J. VAZIFDAR, A.C.J.

Learned counsel appearing on behalf of the respondents states that with a view not to leave any room for grievance on the petitioner's part, the impugned order dated 03.09.2015 blacklisting the petitioner may be set aside and that the respondents would consider the issue of blacklisting afresh after affording the petitioner an opportunity of being heard. 2.

The petitioner accepts this offer unconditionally. 3.

The writ petition is accordingly disposed of by the following order which is passed with the consent of the parties:- (i) The impugned order dated 03.09.2015 blacklisting the petitioner is set aside. The respondents would pass a fresh order after hearing the petitioner.

(ii) The issue of blacklisting will be decided by the Executive Director who is senior to the officer who had passed the impugned order. AMODH SHARMA 2015.10.14 10:13 I attest to the accuracy and authenticity of this document chandigarh

CWP-19720 -2015 -2- (iii) The petitioner shall in the first instance appear before the Executive Director at the address mentioned in the title on 28.10.2015 at 3.00 PM and thereafter as directed by the Executive Director. By that date, the petitioner shall file its affidavit alongwith the supporting documents, if it so desires.

(iv) If the Executive Director is not available on 28.10.2015, the respondents shall inform the petitioner's present advocate(s) in writing of the same and also fix the fresh date.

(v) Service upon the petitioner's advocate(s) shall be deemed to be sufficient service upon the petitioner.

(S.J. VAZIFDAR) ACTING CHIEF JUSTICE (TEJINDER SINGH DHINDSA) JUDGE 13.10.2015 Amodh AMODH SHARMA 2015.10.14 10:13 I attest to the accuracy and authenticity of this document chandigarh