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2019 DIGILAW 779 (PAT)

Vandana v. Indian Oil Corporation

2019-05-15

ANJANI KUMAR SHARAN, JYOTI SARAN

body2019
JYOTI SARAN, J.:–Heard Mr. Jashawir Singh Arora, learned counsel appearing for the appellant, Mr. Ankit Katriar for the Indian Oil Corporation and Mr. Neel Kamal, learned counsel representing respondent nos. 6 to 9. 2. Counter affidavit is being filed on behalf of the private respondents, let it be taken on record. 3. This appeal arises from a judgment and order dated 30.01.2015 passed in CWJC No. 21148 of 2013 to the extent that the writ court while allowing the writ petitioner to withdraw the writ petition to enable them to pursue their civil law remedy in terms of the observations present in the order of the Division Bench in LPA No.1413 of 2014, has proceeded to impose restraint on the right of the petitioner to deal with the corpus of Rs.50 lakhs paid by the Indian Oil Corporation (hereinafter referred to as ‘the Corporation’) under the Tatkal Sahayta Yojna which had been remitted to the bank account of the petitioners as back as on 26.11.2013 as manifest from Annexure -R/3 to the counter affidavit of the Corporation filed in the writ petition. 4. The only issue which falls for consideration is whether the learned Single Judge was correct in imposing a caveat while allowing the petitioners to abide by the decision of the Division Bench especially where this remittance under the Tatkal Sahayta Yojna to the petitioners, was not a subject matter of consideration before the Writ Court. There is again nothing on record to show whether any steps were taken by the respondent Corporation either to withdraw this money from the appellant-writ petitioners or by the private respondents to question this remittance on its merits. 5. The facts on record reflects that the remittance under the Tatkal Sahayta Yojna