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Bharat Petroleum Corporation Limited Represented by its Territory Manager (Retail) v/s The Transport Commissioner the Appellate Authority & Others


Company & Directors' Information:- BHARAT PETROLEUM CORPORATION LIMITED [Active] CIN = L23220MH1952GOI008931

Company & Directors' Information:- V - RETAIL PRIVATE LIMITED [Active] CIN = U52300TG2009PTC063445

Company & Directors' Information:- M S RETAIL PRIVATE LIMITED [Active] CIN = U52341KA2009PTC049097

Company & Directors' Information:- A R C INDIA PETROLEUM PRIVATE LIMITED [Active] CIN = U11202TG2009PTC063249

Company & Directors' Information:- A TO Z RETAIL LIMITED [Active] CIN = U52190MH2005PLC155766

Company & Directors' Information:- S D RETAIL PRIVATE LIMITED [Active] CIN = U52520GJ2004PTC056076

Company & Directors' Information:- A & M RETAIL PRIVATE LIMITED [Active] CIN = U52100TG2012PTC080504

Company & Directors' Information:- S. H. RETAIL PRIVATE LIMITED [Active] CIN = U52100DL2010PTC199889

Company & Directors' Information:- V G RETAIL PRIVATE LIMITED [Strike Off] CIN = U52300TG2009PTC065574

Company & Directors' Information:- R D RETAIL INDIA PRIVATE LIMITED [Active] CIN = U52100DL2012PTC235004

Company & Directors' Information:- M S N RETAIL PRIVATE LIMITED [Active] CIN = U52190KA2020PTC137203

Company & Directors' Information:- D & T RETAIL PRIVATE LIMITED [Strike Off] CIN = U74900HR2015PTC055569

Company & Directors' Information:- S & B RETAIL PRIVATE LIMITED [Under Process of Striking Off] CIN = U74120MH2015PTC266050

Company & Directors' Information:- N. S. RETAIL INDIA PRIVATE LIMITED [Active] CIN = U52609DL2017PTC310030

Company & Directors' Information:- A A RETAIL (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74900GJ1991PTC016073

Company & Directors' Information:- S R PETROLEUM PRIVATE LIMITED [Strike Off] CIN = U23200MH1999PTC122909

Company & Directors' Information:- G K RETAIL PRIVATE LIMITED [Active] CIN = U15202DL2007PTC171738

Company & Directors' Information:- C F O RETAIL (INDIA) PRIVATE LIMITED [Active] CIN = U51909MH2003PTC140364

Company & Directors' Information:- C-3 RETAIL PRIVATE LIMITED [Strike Off] CIN = U52190WB2010PTC151458

Company & Directors' Information:- S M RETAIL PRIVATE LIMITED [Strike Off] CIN = U51494OR2008PTC010261

Company & Directors' Information:- N. P. PETROLEUM LIMITED [Strike Off] CIN = U23201UP1995PLC018153

Company & Directors' Information:- R. B. RETAIL LIMITED [Strike Off] CIN = U51109WB2008PLC123637

Company & Directors' Information:- R H PETROLEUM PRIVATE LIMITED [Active] CIN = U23209MH1996PTC101701

Company & Directors' Information:- M M RETAIL PRIVATE LIMITED [Active] CIN = U52599DL2007PTC157838

Company & Directors' Information:- W 1 RETAIL PRIVATE LIMITED [Strike Off] CIN = U52322DL2010PTC209103

Company & Directors' Information:- D K RETAIL PRIVATE LIMITED [Strike Off] CIN = U52399BR2011PTC016439

Company & Directors' Information:- K S M PETROLEUM PRIVATE LIMITED [Active] CIN = U01120TZ1978PTC000800

Company & Directors' Information:- S. S. T. B. RETAIL PRIVATE LIMITED [Active] CIN = U52600MH2018PTC305554

Company & Directors' Information:- J S RETAIL PRIVATE LIMITED [Strike Off] CIN = U52399PN2008PTC131786

Company & Directors' Information:- G & A RETAIL PRIVATE LIMITED [Strike Off] CIN = U74994MH2011PTC219515

Company & Directors' Information:- A. M. PETROLEUM PRIVATE LIMITED [Strike Off] CIN = U51524MH2014PTC255581

Company & Directors' Information:- R K D RETAIL PRIVATE LIMITED [Strike Off] CIN = U74999MH2014PTC253224

Company & Directors' Information:- S V S PETROLEUM PRIVATE LIMITED [Active] CIN = U51909DL2002PTC116940

Company & Directors' Information:- F T RETAIL PRIVATE LIMITED [Active] CIN = U52100DL2015PTC279351

Company & Directors' Information:- B K S RETAIL PRIVATE LIMITED [Strike Off] CIN = U52300DL2010PTC211307

Company & Directors' Information:- I. V. RETAIL PRIVATE LIMITED [Strike Off] CIN = U52390HR2009PTC039614

Company & Directors' Information:- A K M RETAIL PRIVATE LIMITED [Strike Off] CIN = U52599DL2006PTC150947

Company & Directors' Information:- BHARAT CORPORATION PVT LTD [Strike Off] CIN = U74999CH1946PTC001103

Company & Directors' Information:- INDIA PETROLEUM COMPANY LIMITED [Dissolved] CIN = U99999MH1936PTC002453

    WP. No. 19448 of 2019 & WMP. No. 18943 of 2019

    Decided On, 31 July 2019

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU

    For the Petitioner: M. Vijayan, M/s. King & Partridge, Advocates. For the Respondents: R1 & R2, M. Karthikeyan, Additional Government Pleader, R3, M. Rajasekar, Advocate.



Judgment Text


(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First Respondent to dispose of the Appeal filed by the Petitioner under Rule 154(1) (iii) of the Petroleum Rule, 2002 against the order of the Second Respondent in PA/MU.C2/9154/2015 dated 17.06.2019.)

1. The Writ Petition has been filed for a direction to the First Respondent to dispose of the appeal filed by the Petitioner under Rule 154(1) (iii) of the Petroleum Rules, 2002, against the order No. PA/MU.C2/9154/2015 dated 17.06.2019 passed by the Second Respondent, within a reasonable time frame fixed by this Court.

2. Learned Additional Government Pleader appearing on behalf of the First and Second Respondents, on instructions, states that hearing of the aforesaid appeal has been fixed at 3.00 p.m. on 02.09.2019 in the office of the First Respondent. It shall be ensured that after hearing all the concerned parties, the appeal is expeditiously disposed.

3. Learned Counsel for the Petitioner submits that the Petitioner is also seeking orders on the application made for interim stay of the order impugned in that appeal during its pendency, which the First Respondent would have to entertain. In this regard, reliance has been placed on the decision of this Court in Lipton India Ltd. -vs- Assistant Commissioner (CT), Central Assessment Circle I, Greams Road, Madras [(1994) 95 STC 216 Mad] in which after referring to the decisions of the Hon'ble Supreme Court of India on that aspect, it has been held that a statutory authority before whom an appeal is preferred, has inherent power to consider an application for interim stay of the orders impugned before it, even in the absence of express provision in that regard.

4. In such circumstances, it is agreed by the Learned Counsel for the parties that the Petitioner, the Third Respondent and the dealer of the Petitioner, viz, C. Lakshmi Narasimhan (Petitioner in connected W.P. No. 18563 of 2019) shall appear before the First Respondent at 3.00 p.m. on 05.08.2019 for taking up the application for interim stay during the pendency of that appeal. It is needless to add here that if such application is filed, it shall be incumbent upon the First Respondent to consider the same till final decision is taken in that appeal and after hearing the concerned par

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ties, appropriate orders on merits in accordance with law shall be passed in the matter. 5. Recording the aforesaid subsequent events, the Writ Petition stands disposed. Consequently, connected Miscellaneous Petition is also closed. No costs.
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