^' ..l- HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION N0. 6489 OF 2005 PBTITIONERS DEFENDANTS 1 TO 3 RESPNDENTS 1 TO 3 PLAINTIFFS RESPONDENT DEFENDANT N0. 4 RESPONDENT DEFENDANT N0. 5 3. VERSUS 2. 3. Gupta Son of Bindra Prasad S/o late Shri Ghinnulal, Aged about 65 Years, Resident of Haldibadi, (Near Railway Station) Chirmiri, District Korea (C.G.). Om Prakash S/o Late Shri Mehngulal Aged about 38 years, Shiv Prasad S/o Late Shri Mehngulal Aged about 35 years, Both rgsident of Haldibadi, (Near Railway station) Chirmiri District Korea (C.G.). Haridas Son of Ghinnulal Aged about 70 years, Rajkumar, Son of Haridas Aged about 42 years, Ashok Kumar Haridas Gypta (All resident of Haldibadi, (Near Railway station) Chirmiri District Korea (C.G.). Indian Oil Corporation Limited, Through the General Manager, 16, Area Hills, Jail Road, BHOPAL (Madhya Pradesh The Senior Mandal Prabandhak (Sales) Indian Oil Corporation Limited, Indian Oil Bhavan, Rajiv Gandhi Marg, VIP Road, Telibandha, RAIPUR (C.G.). WP.IT PETITION UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA. (SB :Hon'ble Mr. T.P.Sharma, J.) Present:- Mr. Prashant Jaiswal, Sr. Advocate with Mr. Pravesh Sharma, Advocate for the petitioners. Mr. Prateek Sharma, Advocate for the respondents No. 1 to 3. Mr. Ashish Shrivastava, Advocate for the respondents No. 4 & 5. 5. (y ORDER (Passedon 13/10/2011) 1. By this petition under Article 226 and 227 of the Con.stitution of India, petitioners have challenged the legality and propriety ofthe order dated 6/12/2005 passed by Additional District Judge, Manendragarh District Korea (C.G.) in Mise. Civil Appeal No. 8/2005 wherebyAdditional District Judge, Manendragarh District Korea (C.G.j has granted temporary injunction in favour of •f^f:. •^^ M^.::> as ;tL.... A/ il' respondents No. 1 to 3 85 directed to respondents No. 4 85 5 to continue supply of kerosene oil. 2. Mr.. Prashant Jaiswal, Sr. Advocate with Mr. Pravesh Sharma, Advocate for the petitioners, Mr. Prafeek Sharma, Advocate for the respondents No. 1 to 3 & Mr. Ashish Shrivastava, Advocate for the respondents No. 4 & 5 are heard. 3. Order impugned, all documents and prder passed by Supreme Court relating to maintainability of this petition before this Court in Civil Appeal No. 2675/-2006 dated'12/5/2006 perused. 4. As per nutshell case of the parties, respondents No. 1 to 3 were appointed agents for distribution 8s sell of kerosene oil by Bindra Prasad Mehngulal Firm i.e. petitioners firm thereafter respondents No. 1 to 3 have been dispossessed from the Depot. Supply of kerosene oil was stopped sinee 3/2/2002 thereafter finally, it was again started from 7/4/2005 till 1/5/2005. Entire factual scenario reveals that substantially dispute of agency termination and supply of kerosene oil to petitioners through their agents respondents No. 1 to 3. 5. Learned counsel for the respondents No. 1 to 3 vehemently submits that petition be dismissed and respondents No. 4 & 5 be directed to continue supply of kerosene oil to them. Being asked learned counsel for the parties are informed that they will close their evidences and submissions before the trial Court within 60 days. Considering the nature of dispute and the fact that supply of kerosene oil has been stopped since 1/5/2002 to respondents No. 1 to 3, without any order on merits, petition stands disposed of with following directions:- (i) trial Court i.e. concerned Civil Judge Class-II or its successors in office shall decide suit as early as \ possible preferably within 90 days from today (ii) all the parties \, shall cooperate in trial & ensure that suit should be decided within BfciLil ••';^J^"7.'^?i^T ' !S-V~ v stipulated time (iii) status-quo as exists today relating to supply, distribution & sell of kerosene oil shall continue till 90 days from today (iv) in case of any reluctancy or non-corporation of any of the party, trial Court shall take appropriate coercive step to decide the suit within stipulated time. No order as to costs. Sd/- jC ^Shal®a lud&e //- ^SS^.SBK S.xS' 'Ss^SaSi'y'v-^—. y"-.:.•^a--:'-'^sis—Ks'"^•'ij.'*'':^ s;,^''' B.