M/S. GAURAV FILLING STATION, DEALER BHARAT PETROLEUM CORPORATION LIMITED AND ANOTHER v. BHARAT PETROLEUM CORPORATION LIMITED AND ANOTHER
A227/8905/2025 · 2025-08-11
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 85377 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85377 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:136237 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8905 of 2025 Petitioner :- M/S. Gaurav Filling Station, Dealer Bharat Petroleum Corporation Limited And Another Respondent :- Bharat Petroleum Corporation Limited And Another Counsel for Petitioner :- Salilendu Kumar Upadhyay,Vineet Kumar Dubey Counsel for Respondent :- Anand Tiwari Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. The instant writ petition has been filed for following relief:
" I. Issue an order or direction to set- aside the impugned order dated 03.04.2025 passed by the District Judge, Gautam Budh Nagar in Suit No.2077 of 2024 pending before the Court of Civil Judge (S.D.), Gautam Budh Nagar (Annexure No.5 to this petition). II. Issue any other suitable writ, order or direction, directing to District Judge, Gautam Budh Nagar to decide the Misc.Appeal No.09 of 2025, pending before the Court of District Judge, Gautam Budh Nagar within stipulated period as fixed by this Hon'ble Court."
3. Contention of the learned counsel for the petitioners is that injunction granted in favour of the plaintiffs-petitioners in a suit was stayed by the lower appellate court in misc. appeal filed by the defendants-respondents without even issuing notices to the petitioners. It has been further submitted by learned counsel for the petitioners that the petitioners have appeared in the appeal before the court below and the same is not being decided despite several dates have been fixed.
4. In view of above, no useful purpose would be served in keeping this petition pending.
5. Accordingly, the present petition stands disposed of finally with a direction to the District Judge, Gautam Budh Nagar to consider and decide the appeal, in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after ensuring service
upon all the concerned parties as well as giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 12.8.2025 S. Singh (Manish Kumar Nigam,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad