Full Judgment Text
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) 99/2009
rd
Date of Decision: 25 March, 2009
HPCL ..... Appellant
Through: Mr. Raju Ramchandran, Sr. Advocate
with Mr. Rajiv Kapur, Advocate.
versus
M/S KUMAR SERVICE STATION ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE MUKUL MUDGAL
HON'BLE MR. JUSTICE VIPIN SANGHI
1. Whether the Reporters of local papers may No
be allowed to see the judgment?
2. To be referred to Reporter or not? No
3. Whether the judgment should be reported No
in the Digest?
% JUDGMENT (Oral)
MUKUL MUDGAL,J
1 Learned counsel for the appellant has relied upon judgments of
the Hon’ble Supreme Court titled as Indian Oil Corporation Limited
Vs. Amritsar Gas Service, (1991) 1 SCC 533 and Hindustan
petroleum Corporation Limited Vs. Sriman Narayan, (2002) 5
SCC 760. He submits that the impugned order could not be passed as
it amounted to restoration of dealership contrary to the law laid down
by the Hon’ble Supreme Court.
Fao(os) 99.2009 Page 1 of 2
2 We are of the view that the appellant has approached the
Division Bench in appeal without approaching the learned Single Judge
for variation or vacation of the order dated 6.03.2009. In our view, the
appropriate course of action for the appellant to adopt would be to
move an application under Section 39 (4) C.P.C. before the learned
Single Judge. We have no doubt and indeed expect that learned Single
Judge will decide the OMP and the application for the vacation of stay,
if moved, on or before 25.05.2009.
3 With these directions the appeal is permitted to be withdrawn
and stands disposed off.
MUKUL MUDGAL,J
VIPIN SANGHI, J
MARCH 25, 2009
dp
Fao(os) 99.2009 Page 2 of 2