M/S. Tara Filing Station v. Indian Oil Corporation Ltd.

21.12.2022 mb W.P.A. No. 25432 of 2006 M/s. Tara Filling Station & Ors.

Vs.

Indian Oil Corporation Limited & Ors.

Mr. Amit Meharia, Ms. Paramita Banerjee, Ms. Subita Paul ...for the IOC Limited Learned counsel appearing for the Indian Oil Corporation Limited (IOC Limited) submits on instructions that the Retail Outlet, which was sought to be terminated by the letter impugned in the writ petition, has since become non-functional. The Retail Outlet had taken last load in the month of February, 2006, after which no load has been taken by it. It is also submitted that as per SAP record, no asset is available for the said Retail Outlet (Customer Code138856). Learned counsel appearing for the IOC Limited also files written instructions in support of the above contentions, which be kept on record.

Since it transpires from the said written instructions and the submission of learned counsel for the IOC Limited that the Retail Outlet has become nonfunctional, the challenge to the termination of the same has become infructuous.

As such, W.P.A. No. 25432 of 2006, along with IA No. C.A.N. 1 of 2008 (old No. C.A.N. 5333 of 2008), are dismissed as infructuous without, however, any order as to costs.

(Sabyasachi Bhattacharyya, J.)