Gauhati High Court
M/S Goel Trading Company vs Devendra Kumar Jain And 4 Ors on 11 May, 2022
Author: Hitesh Kumar Sarma
Bench: Hitesh Kumar Sarma
Page No.# 1/3
GAHC010080152022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP/47/2022
M/S GOEL TRADING COMPANY
A REGISTERED COMPANY BEING REPRESENTED BY SRI RAVINDRA
KUMAR JAIN, S/O LATE CHATURSAN JAIN, PARTNER OF M/S GOEL
TRADING COMPANY AT VILL-BALIPARA, MOUZA- BALIPARA, P.O.-
BALIPARA, P.S.-CHARIDUAR, DIST- SONITPUR, ASSAM
VERSUS
DEVENDRA KUMAR JAIN AND 4 ORS
S/O NOT KNOWN, 145 AIKEN ROAD, WEST PENNAT HILLS, NSW 2125,
AUSTRALIA
2:INDIAN OIL COPRORATION LIMITED
INDIAN OIL BHAWAN
SECTOR III
NOONMATI
GUWAHATI-781020 (ASSAM)
3:THE CHIEF DIVISIONAL RETAIL SALES MANAGER
GUWAHATI INTEGRATED DIVISIONAL OFFICE
SECTOR 3
NOONMATI
GUWAHATI-781020
4:THE SENIOR DIVISIONAL RETAIL SALES MANAGER
INDIAN OIL CORPORATION LIMITED
NOONMATI
GUWAHATI-781020
5:THE AREA MARKETING OFFICER
TEZPUR RETAIL SALE-I
IN FRONT OF TEZPUR LAW COLLEGE
Page No.# 2/3
TEZPUR
MOUZA-MAHABHAIRAB
P.O. AND P.S.-TEZPUR
DIST-SONITPUR
ASSAM
PIN
Advocate for the Petitioner : MR. S SAHU
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : --11.05.2022 Heard Mr. S. Sahu, learned counsel for the petitioner. This is an application under section 115 of the CPC, read with Article 227 of the Constitution of India and Section 151 of the CPC for setting aside the judgment and order dated 08.04.2022, passed by the learned Civil Judge, Sonitpur, Tezpur in Misc Appeal No. 3/2021, upholding the order passed by the learned Munsiff No. 1. Tezpur, vide order dated 22.09.2021, in Misc(J) Case No. 64/2016, arising out of Title suit No. 51/2016, rejecting the prayer made by the petitioner for restraining the respondents from acting upon the order No. REC/GDO/RO/15-16/GT/2 dated 30.03.2016, issued by the Chief Divisional Retail Sales Manager, IOCL and also from suspending the sales and supplies of petroleum to the retail outlet of the firm.
The learned counsel for the petitioner while pressing for staying of the aforesaid impugned orders has prayed for an interim order, staying the judgment and order dated 08.04.2022, passed in Misc Appeal No. 3/2021, Page No.# 3/3 specifically referred to above.
Issue notice upon the respondent under registered post and A/D as well as under usual process.
The petitioner shall also take steps for service under Dasti mode and, in the event of service of notice by Dasti mode, an affidavit to that effect may be filed.
Steps be taken for service of notice within three days.
In the meantime, considering the materials on record as well as hearing the submission made by learned counsel Mr. M. Sahu, the impugned orders, referred to above, are stayed till the next date fixed.
List the matter on 03.06.2022.
JUDGE Comparing Assistant