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Delhi High Court - Orders

Indian Oil Corporation Ltd vs Uoi on 10 November, 2023

Author: Dharmesh Sharma

Bench: Dharmesh Sharma

                             $~48 to 55
                             *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +         FAO 18/2009
                                       INDIAN OIL CORPORATION LTD.      ..... Appellant
                                                     Through: Mr. M.M. Kalra, Adv.
                                                     versus
                                       UOI                              ..... Respondent
                                                     Through: None.
                             49
                             +         FAO 33/2009
                                       INDIAN OIL CORPORATION LTD.             ..... Appellant
                                                     Through: Mr. M.M. Kalra, Adv.

                                                                            versus
                                       UOI                                                                          ..... Respondent
                                                                            Through:                 Mr. Niraj Kumar, Sr.CGC .

                             50
                             +         FAO 193/2009
                                       INDIAN OIL CORPORATION LTD.             ..... Appellant
                                                     Through: Mr. M.M. Kalra, Adv.

                                                     versus
                                       UNION OF INDIA                                                              ..... Respondent
                                                     Through:                                        Mr. K.C. Dubey, Adv.

                             51
                             +         FAO 197/2009
                                       IOC LTD.                                                                      ..... Appellant
                                                                            Through:                 Mr. M.M. Kalra, Adv.

                                                                            versus

                                       UOI                                                                          ..... Respondent
                                                                            Through:                 Mr. Sushil Kumar Pandey, SPC
                                                                                                     with Mr. Kuldeep Singh, Adv.
                             52
                             +         FAO 34/2009
                                       INDIAN OIL CORPORATION LTD.             ..... Appellant
                                                     Through: Mr. M.M. Kalra, Adv.



This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 11/11/2023 at 10:44:41
                                                                             versus

                                       UOI                                                                           ..... Respondent
                                                                            Through:                 Mr. Balendu Shekhar, CGSC
                                                                                                     along with Mr. Krishna
                                                                                                     Chaitanya, Adv.
                             53
                             +         FAO 36/2009
                                       INDIAN OIL CORPORATION LTD.            ..... Appellant
                                                     Through: Mr. M.M. Kalra, Adv.

                                                                            versus
                                       UOI                                                                                 ..... Respondent
                                                                            Through:
                             54
                             +         FAO 165/2010
                                       INDIAN OIL CORPORATION LTD              ..... Appellant
                                                     Through: Mr. M.M. Kalra, Adv.

                                                                            versus

                                       UNION OF INDIA                                                                ..... Respondent
                                                     Through:                                        Mr. Vijay Joshi, Adv.

                             55
                             +         FAO 299/2014 & CM APPL. 16781/2014, CM APPL.
                                       16783/2014

                                       UNION OF INDIA.                                                              .... Appellant
                                                     Through:                                        Mr. Bhagwan Swarup Shukla,
                                                                                                     CGSC along with Mr. Sarvan
                                                                                                     Kumar, Adv.
                                                                            versus

                                       M/S INDIAN OIL CORPORATION             ..... Respondent
                                                      Through: Mr. M.M. Kalra, Adv.




This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 11/11/2023 at 10:44:41
                                        CORAM:
                                       HON'BLE MR. JUSTICE DHARMESH SHARMA


                                                                            ORDER

% 10.11.2023

1. Item Nos. 48 to 55 are batch matters. Appearance has been put on behalf of respondent in Item Nos. 51 and 52. However, none appeared for the Indian Oil Corporation Ltd. in any of these matters when the matters were called.

2. Mr. Balendu Shekhar, learned CGSC appearing for Union of India in Item No.52 submits that since the dispute is inter se between two government departments, as per Circular dated 31.03.2020 the same should be resolved in an amicable manner. The Circular dated 31.03.2020 is placed on record.

3. Since, none appeared for Indian Oil Corporation Ltd., let Authorized Representative or any other senior officer or the Chief Legal Officer appear before the Court on the next date of hearing.

4. Court notice be issued to the Chief Legal Officer of Indian Oil Corporation Ltd. for his/her appearance before the Court either in person or through video conferencing.

5. At this stage, Mr. Kalra, learned counsel for Indian Oil Corporation Ltd. has appeared. It is submitted that it is not possible to resolve the dispute through mediation. Furthermore, he has referred to another Circular issued by the Ministry whereby no settlement talks could take place with the Indian Railways.

6. Therefore, this Court would take up the hearing of the matter and decide each of the appeals on its own merits.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/11/2023 at 10:44:42

7. Let copy of the relevant Circular issued by the Ministry be placed on the record or be brought on the next date of hearing.

8. Re-notify these matters on 30.04.2024.

DHARMESH SHARMA, J.

NOVEMBER 10, 2023/sm This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/11/2023 at 10:44:42