Amta Oil Supply Agency & ORS. v. Indian Oil Corporation Limited

21.12.2022 mb W.P.A. No. 11248 of 2004 M/s. Amta Oil Supply Agency & Ors.

Vs.

The Indian Oil Corporation Limited & Ors.

Mr. Amit Meharia, Ms. Paramita Banerjee, Ms. Subita Paul ...for the IOC Limited None appears for the petitioners when he matter is called on for hearing, although the Indian Oil Corporation Limited (IOC Limited) is represented through counsel.

Learned counsel appearing for the IOC Limited submits that during pendency of the writ petition, an interlocutory application was filed, seeking reliefs virtually similar to those made in the writ petition itself. Such relief was granted by a coordinate Bench of this Court, upon which an appeal was preferred against the same by the IOC Limited. However, during pendency of the appeal, IOC Limited complied with the direction of the coordinate Bench and, as such, the appeal became infructuous.

Learned counsel for the IOC Limited places on record a server copy of an order dated August 11, 2014 passed in F.M.A. No. 218 of 2005 by a Division Bench of this Court, wherein it was observed that the learned Advocate for the appellants had submitted that the

appeal had become infructuous and, accordingly, the same was dismissed as infructuous.

Thus, there is no further reason to keep the present writ petition pending in view of the compliance of the order by the IOC Limited.

Hence, W.P.A. No. 11248 of 2004 is dismissed as infructuous, keeping on record a photocopy of the server copy of the order of dismissal of the appeal passed in F.M.A. No. 218 of 2005.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)