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2019 DIGILAW 458 (SC)

Bharat Petroleum Corporation Ltd v. Shailaja R Khanvilkar

2019-02-04

ASHOK BHUSHAN, K.M.JOSEPH

body2019
ORDER 1. Delay condoned. 2. Leave granted. 3. Heard counsel for the appellants as well as learned counsel appearing for the contesting respondents. 4. This appeal has been filed against the interim order dated 11.09.2018 passed by the High Court in Writ Petition No.8753 of 2018. 5. Learned counsel for the appellants submitted that the interim order has stayed the policy of the circular dated 04.01.2018, the benefit of the interim order shall be availed through out the country which will have serious effect on the running of various distributorship. 6. Learned counsel appearing for the appellants further submitted that the issue noted by the High Court in interim order should be considered and decided by this Court. 7. Learned counsel appearing for the respondents submitted that they have already received counter affidavit from the appellants' counsel and they shall file rejoinder within ten days and shall not take any adjournment in the matter before the High Court. 8. In view of the facts of the present case, especially that the interim order has been passed on 11.09.2018 and the counter affidavit has already been filed, we are of the view that High Court shall endeavour to dispose of the writ petition expeditiously, preferably within a period of three months, looking to the nature of issue raised. We, however, make it clear that while deciding the writ petition finally, any observation made in the interim order shall not be treated as expression of any final opinion. Further the interim order passed in the writ petition shall confine to the parties to the petition. 9. With these observations, the appeal is disposed of.