Supreme Court - Daily Orders
The Indian Oil Corporation Ltd vs M/S Gauri Petroleum Retail Outlet Of ... on 13 February, 2023
Bench: Ajay Rastogi, Bela M. Trivedi
ITEM NO.28 COURT NO.5 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 2775/2023
(Arising out of impugned final judgment and order dated 01-12-2022
in CWJC No. 14137/2022 passed by the High Court Of Judicature At
Patna)
THE INDIAN OIL CORPORATION LTD & ORS. Petitioner(s)
VERSUS
M/S GAURI PETROLEUM RETAIL OUTLET OF
INDIAN OIL CORPORATION LTD & ORS. Respondent(s)
( IA No.26347/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.27876/2023-PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES )
Date : 13-02-2023 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE AJAY RASTOGI
HON'BLE MS. JUSTICE BELA M. TRIVEDI
For Petitioner(s) Mr. Tushar Mehta, Adv.
Mrs. Priya Puri, AOR
Mr. Ranjay Kumar Dubey, Adv.
Mr. Rishabh Sharma, Adv.
Ms. Tanvi Nigam, Adv.
Mr. Sharad Puri, Adv.
For Respondent(s) Mr. Rana Mukharjee, Sr. Adv.
Mr. Shekhar Kumar, AOR
Mr. Nagesh, Adv.
Mr. Vijay Kumar, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Mr. Tushar Mehta, learned SG appearing for the petitioners submits that although he wants to challenge the order on merits but Signature Not Verified Digitally signed by Ashwani Kumar Date: 2023.02.15 however, submits that at least the observation which has been made 16:04:42 IST Reason:
in reference to the rank of the Officer of the appellate authority needs correction.
We consider appropriate to extract the relevant para of the order as under:
“We also notice that the order termed to have been passed by an appellate authority is of an officer of the rank of Executive Director (Retail Sales). Now, if the Executive Director and State Head had actually heard the petitioner in the original proceedings then obviously an officer below/similar of his rank could not have been the appellate authority.” After we have heard learned for the parties, observations made as indicated above stands deleted from the order impugned dated 01.12.2022.
However, we make it clear that this Court has not examined the matter on merits and confined only to the submissions made by the Solicitor General to the extent as indicated above.
With this clarification, the special leave petition stands disposed of.
Pending application(s), if any, stands disposed of accordingly.
(VIRENDER SINGH) (ASHWANI KUMAR) BRANCH OFFICER ASTT. REGISTRAR-cum-PS