Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 5898 of 2021 Petitioner :- Indian Oil Corporation Ltd.
Respondent :- M/S Green Field Service Station And 6 Others Counsel for Petitioner :- Rakesh Kumar
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner.
By means of this petition under Article 227 of the Constitution, the petitioner has prayed for expeditious disposal of the preliminary issues framed by the trial court under its order dated 25.03.2003 qua the jurisdiction of the civil court in the light of agreement reached between the plaintiff and defendants to run the retail outlet of petroleum products.
It is submitted by learned counsel for the petitioner that while rejecting his application (Paper No. 19-C) under Order VII Rule 11 of the Code of Civil Procedure, 1908 it was directed that these two issues framed qua jurisdiction of the civil court being barred under the provisions of the Arbitration and Conciliation Act will be decided first, has remained pending and the plaintiffs-respondents are enjoying interim injunction order.
This Court has gone through the order passed by the trial court and finds that the trial court had itself directed the two issues to be disposed of on 08.04.2003 under its order dated 25.03.2003. It is submitted that if the application under Order XXXIX Rule 4 C.P.C. of the petitioner has also remained undisposed of till date.
Since the trial court had itself made an observation under its order dated 05.04.2004 that no oral evidence was required for the purposes of disposal of preliminary issues framed as it was to be determined on the basis of agreement between the parties, this petition stands disposed of with direction to the trial court to dispose of the two issues within a period 60 days from the date of filign of copy of this order without giving any adjournment to either of the parties but at the same time giving full opportunity of hearing to the parties.
Order Date :- 29.10.2021 IrfanUddin