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2025 DAILYLAW 972 (MAN)

Loitongbam Premikumar Singh and 3 Ors v. Indian Oil Corporation Ltd and 4 Ors

WP(C)/283/2025 · 2025-04-28

A Guneshwar Sharma

Writ Petition (Civil)body2025

Judgment text

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Item No. 1,2 & 5 IN THE HIGH COURT OF MANIPUR AT IMPHAL MC(WP(C) No. 316 of 2025 with WP(C) No. 283 of 2025 with MC(WP(C) No. 265 of 2025 with Indian Oil Corporation Ltd. & 3 Ors. …..Petitioner/s - Versus – Loitongbam Premkumar Singh & 4 Ors. .... Respondent/s BEFORE HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA Order 28.04.2025 [1] Heard Mr. L. Shashibhushan, learned senior counsel assisted by Mr. Fakharuddin, learned counsel for the IOC/applicant and Mr. HS. Paonam, learned senior counsel assisted by Ms. Malemleima, learned counsel for the petitioner. [2] By the present applicantion, the IOC prays for stay of the proceedings of WP(C) No. 318 of 2025 filed by the petitioner herein under the provision of Section 10 of CPC. [3] It is stated that the petitioner has already filed WP(C) No. 283 of 2025 with the same prayer and with the identity of the subject matter and party. Hence, subsequent writ petition is barred by Section 10 of CPC and has to be stayed during the pendency of the earlier writ petition. [4] On the other hand, Mr. HS. Paonam, learned senior counsel for the petitioner, submits that after filing of the earlier writ petition being WP(C) No. 283 of 2025 with service of notice with advance copy to the IOC, the subsequent corrigendum was issued by IOC substantially changing the terms of the NIT and in the circumstances, the petitioners are compelled to filed subsequent writ petition being WP(C) No. 318 of 2025. Learned senior counsel draws attention to para 31 of the subsequent writ petition wherein it is stated that the petitioner may be permitted to withdraw the earlier writ petition being WP(C) No. 283 of 2024 with the permission of this Court. It is stated that the petitioner may be permitted to refer to the documents annexed to the earlier writ petition at the time of hearing. [5] Mr. L. Shashibhushan, learned senior counsel for the IOC, fairly submits that the present application may be disposed of by allowing the prayer of the learned senior counsel for the petitioners to withdraw the earlier writ petition being WP(C) No. 283 of 2025 with liberty to refer to the documents annexed in that writ petition. [6] This Court has considered the submissions made at the bar and perused the materials on record. [7] MC(WP(C) No. 316 of 2025 can be disposed of by allowing the petitioners to withdraw WP(C) No. 283 of 2025 and permitting them to refer the documents annexed with it while considering the submissions in WP(C) No. 318 of 2025. [8] With this observation, MC(WP(C) No. 316 of 2025 is disposed of. WP(C) No. 283 of 2025 along with MC(WP(C) No. 265 of 2025 is dismissed as withdrawn so that the petitioner may pursue the cause of the writ petition in WP(C) No. 318 of 2025 relying on the documents of WP(C) No. 283 of 2025. JUDGE Kh. Joshua Maring KH. JOSHUA MARING Digitally signed by KH. JOSHUA MARING Date: 2025.04.30 12:48:37 +05'30'