Court required parties to maintain status quo in relation to the petrol pump outlet; rather staying its operation: matter was connected with the dealership
Civil Appeal No. 5174 of 2016
Bench: Justice Abhay Manohar Sapre; Justice Ashok Bhushan
Case Brief: The present case before this bench is an appeal filed against the observation made by the divisional bench of High Court while admitting the appeal filed before it by the Respondent no. 1 against the decision of Single judge bench of said High Court. In the facts of the case, the dispute appellant and respondent no. 2 was relating to the allotment of retail dealership of the Petrol Pump of the Indian Oil Corporation Ltd., here respondent no. 1. Here, the respondent no. 2 earlier filed a writ petition, and challenged the allotment made to the appellant before single judge, as respondent no. 2 got success, this has given rise to filing of two appeals before the Division Bench of the High Court, wherein the appellant filed one appeal and another is filed by Respondent no. 1. Division bench directed interim order, by which the respondent no. 2 and appellant were restricted from operating the petrol pump outlet. which is challenge. Bench, here decided to consider the issue on merits, and opined that the High court should not have passed the interim order of nature which is impugned herein.
However, this bench decided that as per facts in the case, it could at best direct the parties to maintain status quo. Moreover, it is observed that the appellant being widow woman was running a petrol pump here, for over a year and thus, prima facie the balance of convenience and irreparable loss was more in her favour. As such, the appeal is allowed and stay granted by the Division bench of High Court was set aside. And also this bench directed the parties to maintain status quo. Moreover, the High court was requested to hear both the appeals expeditiously uninfluenced by this bench’s observations.
Read the Judgement: Krishna Devi Vs. Indian Oil Corporation Ltd. & Anr