Vikas Kumar Dubey Vs. Indian Oil Corporation Ltd. & Ors. 14.07

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1
W.P. No.3674/2013
Vikas Kumar Dubey Vs. Indian Oil Corporation Ltd. &
Ors.
14.07.2015
Shri Prashant Sharma, Advocate for the petitioner.
Shri A.K.Jain, Advocate for respondents No. 1 and 2.
Shri N.K.Gupta, Senior Advocate with Shri S.D.Singh,
Advocate for respondent No.3.
The present petition is listed today for hearing in motion
on special request made by the learned counsel for the
respondents which was not opposed to on the last of hearing
i.e. 23.6.15.
Today when the case is taken up for hearing in motion,
the learned counsel for the petitioner pointed out that
I.A.No.3193/15, an application for amendment of the petition,
is still pending consideration.
It is unfortunate that the fact of pendency of this I.A.
was not pointed out when the matter was fixed for hearing in
motion by order dated 23.6.15.
The learned counsel for respondents opposed the said
I.A.No.3193/15 on the ground that petitioner is delaying the
matter with an ulterior motive of somehow extending the
operation of stay which has been granted way back on
27.5.13 dissuading the respondent-Indian Oil Corpn. from
going ahead with the establishment of retail outlet in question.
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W.P. No.3674/2013
Allowing of the I.A. would lead to grant of time to the
other side to respond as a necessary consequence. Thus,
allowing the said I.A. would lead to further delay in the
matter, for which the respondents cannot be held responsible.
The petitioner alone is responsible for the delay.
In view of the above, the I.A. for amendment of the
petition is allowed. The amendment be carried out within a
period of seven working days from today. The petitioner is
directed to file an amended petition within the same period of
time. The respondents are free to respond to the said
amended petition within further period of fifteen days.
In view of the above, interim order passed by this Court
on 27.5.13 staying execution of Annexure P/1 is vacated.
However, any action taken pursuant to Annexure P/1 by the
respondents shall remain subject to final decision of the
petition.
ms/-
(Sheel Nagu)
Judge
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