IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WP(C).No. 2161 of 2009(G) ------------------------- PETITIONER(S): --------------- INDIAN OIL CORPORATION LTD., REPRESENTED BY THE SNIOR DIVISIONAL MANAGER, (RETAIL SALES), KERALA STATE OFFICE,PANAMPILLY AVENUE, PANAMPILLY NAGAR, KOCHI 682 036. BY ADV. SRI.N.K.SUBRAMANIAN RESPONDENT(S): --------------- 1. CHEERAN & CO. PETROLEUM DEALER, GURUVAYUR ROAD POONKUNNAM, THRISSUR 680 002, REPRESENTED BY ITS MANAGING PARTNER, SRI. MOHAN VARKEY. 2. MRS. REMLA HIMAMUDEEN, AGED 45 YEARS, W/O. HIMAMUDEEN, RAYAMMARKKAR VEETTIL, MANATHALA, CHAVAKKAD P.O., THRISSUR. 3. UCO BANK, SWARAJ ROUND (EAST), THRISSUR 680 001, REPRESENTED BY ITS MANAGER. 4. THE AUTHORISED OFFICER, UCO BANK, SWARAJ ROUND (EAST) THRISSUR 680 001. R2 BY ADV. SRI.JACOB SEBASTIAN R3, R4 BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.2161/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF DEALERSHIP AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT. EXT.P2: COPY OF THE ADVERTISEMENT PUBLISHED IN THE INDIAN EXPRESS DAILY. RESPONDENT'S EXHIBITS: EXT.R3(A): TRUE PHOTOSTT COPY OF THE LETTER GIVEN BY THE 2ND REPSONDENT TO THE 3RD RESPONDENT DATED 29.11.2006. EXT.R3(B): TRUE PHOTOSTAT COPY OF THE LETTER GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT DATED 9.8.2005. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.2161 OF 2009 ------------------------------------------- Dated this the 10th day of February, 2009 JUDGMENT This writ petition is filed by the Indian Oil Corporation Ltd., which is the supplier of the first respondent Dealer, who availed a facility from the UCO Bank and defaulted in repayment. That led to SARFAESI Act proceedings. The IOC, apparently interested in saving the establishment at least to itself, filed this writ petition. Thereafter, the first respondent has filed W.P(C).2321/09 and obtained an interim order. It is stated that the petitioner herein is complying with the conditions imposed as per that order. Accordingly, this writ petition is unnecessary and is, hence, dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.11/2.