High Court of Punjab and HaryanaFAO/16084/2018disposed of

Indian Oil Corporation v. Union Of India

2023-01-05Mrs. Justice Meenakshi I. Mehta2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH CM No.17935-CII of 2022 in FAO No.16084 of 2018 (O&M) Date of Decision: 05.01.2023 Indian Oil Corp. Ltd.

...Applicant-Appellant

Versus

Union of India

...Respondent

CORAM:

HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA Present :- Mr. Ashish Kapoor, Advocate, for the applicant-appellant.

Mr. N.K.Vashist, Senior Panel Counsel for respondent-Union of India appearing for Mr. Sunil K. Sharma, Senior Panel Counsel, UOI. * * * * MEENAKSHI I. MEHTA, J.(ORAL) CM No.17935-CII of 2022 The instant application has been moved on behalf of the applicant-appellant for seeking pre-ponement of the date of hearing in the main appeal bearing FAO No.16084 of 2018 from 23.05.2023 to some earlier date.

Notice in the application.

Learned Senior Panel Counsel appearing for the respondent accepts the notice and he submits that he has no objection in allowing the present application.

Keeping in view the above-said fact as well as the reasons as mentioned in this application, the same is allowed and the afore-referred main appeal is taken on the Board today itself. SEEMA SHARMA 2023.01.06 17:05 I attest to the accuracy and integrity of this document

CM No.17935-CII of 2022 in FAO No.16084 of 2018(O&M) -2FAO No.16084 of 2018 (O&M) CM No.28654-CII of 2018 By way of this application, the applicant-appellant has prayed for condonation of the delay of 380 days in re-filing the appeal. Notice in the application.

Learned Senior Panel Counsel appearing for the respondent accepts the notice.

Heard.

Keeping in view the reasons as mentioned in the instant application, the same is allowed as prayed for. Main appeal Learned counsel for the appellant as well as learned Senior Panel counsel appearing for the respondent are ad-idem that the matter involved in the present appeal, is squarely covered by the judgment rendered by the Co-ordinate Bench on 08.10.2021 in FAO No.3398 of 2017 titled as 'Indian Oil Corporation Ltd. vs. Union of India'. Resultantly, the appeal in hand also stands disposed of in the same terms.

The parties, through their respective counsels, are directed to appear before the concerned Railway Claims Tribunal, on 03.02.2023. (MEENAKSHI I.MEHTA) 05.01.2023.

JUDGE seema Whether speaking/reasoned:

Yes Whether Reportable:

No SEEMA SHARMA 2023.01.06 17:05 I attest to the accuracy and integrity of this document