SLP(C) No. 20016 of 2013 with SLP(C) No. 20042 of 2013 with I.A. Nos. 2, 3 and 4/2013 in T.P.(C) Nos. 908 of 2013. Case: Indian Oil Company Ltd. and Anr. Vs 1. Kerala State Road Tr. Company and Ors., 2. Jayeshbhai Natwarbhai & Ors.. Supreme Court

Case NumberSLP(C) No. 20016 of 2013 with SLP(C) No. 20042 of 2013 with I.A. Nos. 2, 3 and 4/2013 in T.P.(C) Nos. 908 of 2013
Party NameIndian Oil Company Ltd. and Anr. Vs 1. Kerala State Road Tr. Company and Ors., 2. Jayeshbhai Natwarbhai & Ors.
JudgesR.M. Lodha and Madan B. Lokur, JJ.
IssueCode of Civil Procedure
Citation2013 (12) SCALE 231
Judgement DateSeptember 16, 2013
CourtSupreme Court

Judgment:

Interlocutory Application Nos. 2/2013, 3/2013 & 4/2013 in Transfer Petition (Civil) No. 908 of 2013

  1. We have heard Mr. Goolam E. Vahanvati, learned Attorney General for the Petitioners, and Mr. Shekhar Naphade, learned senior Counsel for the Respondent Nos. 1 and 2. It is directed that the Central Government shall consider the representation (May, 2013) made by the applicants expeditiously and preferably within one month from today.

  2. Interlocutory Application No. 2 of 2013 stands disposed of.

  3. List Interlocutory Application Nos. 3 of 2013 and 4 of 2013 after one month. S.L.P. (Civil) No. 19996 of 2013

  4. We have heard Mr. Goolam E. Vahanvati, learned Attorney General for the petitioners (hereinafter referred to as 'Oil Company'), and Mr. V. Giri, learned senior counsel for the Respondent No. 1 - Kerala State Road Transport Corporation (for short, 'Transport Corporation').

  5. The learned single Judge of the High Court by his order dated 21.03.2013 has restrained the Oil Company from realising higher price from the Transport Corporation for the high speed diesel oil supplied than the price charged from other retailers in open market.

  6. In our opinion, having regard to the over-all facts and circumstances of the case, particularly that 83% of diesel is imported and the current value of Rupee against Dollar has substantially gone down, we are satisfied that not only the Oil Company has balance of convenience in its favour but we are also of the view that irretrievable injustice shall be caused to the Oil Company if the interim injunction granted by the High Court is allowed to operate.

  7. In view of the above, we stay the operation of the order dated 21.03.2013 passed by the single Judge of the Kerala High Court until further orders.

  8. Accordingly, the Transport Corporation taking bulk supplies directly from the installations of the Oil Company shall be charged high speed diesel oil price at the non-subsidised market determined price in terms of the letter dated January 17, 2013 of the Government of India, Ministry of Petroleum & Natural Gas (PP Section).

  9. However, as of now, no recovery shall be made by the Oil Company from the Transport Corporation towards arrears. S.L.P. (Civil) No. 20016 of 2013

  10. In the light of the order passed by us today in S.L.P. (Civil) No. 19996 of 2013 above, the operation of the order dated 01.04.2013 shall remain stayed until...

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