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Bombay High CourtWP/12378/2024disposed off

M/S. Sagar Automobiles Thr. Partners Kamta K. Singh And Sanjay K. Singh v. Indian Oil Corporation Ltd. And ANR

2024-10-24Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12378 OF 2024 M/s.Sagar Automobiles .. Petitioner

Versus

Indian Oil Corporation Ltd & Anr .. Respondents Rubin Vakil, with Jinal Rathi, Jagruti Vemula i/b Rahul Karnik, Advocates for the Petitioner.

Mr.A. I. Patel, Addl.G.P., with Ms.S. D. Chipade, AGP, for the Respondent State.

Mr.Sunil Gangan i/b RMG Law Associates, Advocates for Respondent No.2.

CORAM: B. P. COLABAWALLA & ANJALI TUSHAR ASWALE ANJALI TUSHAR ASWALE Date: 2024.10.25 17:27:54 +0530 SOMASEKHAR SUNDARESAN, JJ.

DATE:

P. C.

1.

The above Writ Petition was disposed of by this Court vide its order dated 4th September 2024. By the said order, we had accepted a statement made on behalf of Respondent No.1 that the Appellate Authority of Respondent No.1 shall hear the Appeal filed by the Petitioner and take a decision on the said Appeal and communicate the same to the Petitioner on or before 9th October 2024. We had placed the matter on Board thereafter on 10th October 2024 for reporting compliance. The matter was thereafter

adjourned to today for reporting compliance because the order had not been passed and communicated to the Petitioner.

2.

Today when the matter is called out, we are informed that though the hearing in the Appeal filed by the Petitioner has been concluded, the order yet to be passed. The learned counsel appearing on behalf of Respondent No.1 has apologized the Court for the delay and has stated that by 11th November 2024, the order in the Appeal filed by the Petitioner shall not only be passed but also communicated to the Petitioner. 3.

As a last chance, we now place the above matter on Board "for reporting compliance" on 11th November 2024.

4.

We make it clear to Respondent No.1 that if the order is not passed by that date, we may direct, on the next occasion, Indian Oil Corporation Ltd ("IOCL") to resume supply to the Petitioner until the order in the Appeal filed by the Petitioner is passed by the Appellate Authority. 5.

Stand over to 11th November 2024 "for reporting compliance".

6.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [SOMASEKHAR SUNDARESAN, J.] [B. P. COLABAWALLA, J.]