M/S Habra Petrol Service And ORS v. Union Of India And ORS.

17.01.2023 ssi WPA 12700 of 2021 Ct 39 Mr. Kallol Basu Mr. Nilanjan Pal Mr. Rishav Thakur Mr. Abhijit Saha ...for the petitioners Mr. Amit Kr. Nag Mr. Partha Banerjee ...for the IOCL Learned senior counsel appearing on behalf of the petitioners submits as follows. The order impugned in this case being order dated 03.08.2021 passed by the Divisional Retail Sales Head, Kolkata Divisional Office of the Indian oil Corporation Limited is subject to an appeal before the appropriate appellate authority nominated by the Indian Oil Corporation Limited. However, there was a requirement of deposit of Rs. 5 lakhs for preferring appeal. Such hardship prompted the petitioners to approach this Court instead. However, it is learnt that this stipulation of depositing Rs. 5 lakhs has been removed as a condition for preferring appeal. Therefore, the petitioner would not like to press this application and would instead prefer an appeal before the competent authority.

On the prayer of the learned counsel for the petitioners, the writ petition is disposed of as withdrawn. However, this order shall not preclude the petitioners from preferring an appeal before the competent authority in

accordance with law. If such appeal is preferred within 15 days from the date of communication of this order, then the delay occasioned in preferring such appeal shall be condoned by the appellate authority.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)