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1995 Supreme(Del) 500

A.K.SRIVASTAVA
HINDUSTAN PETROLEUM CORPORATION LIMITED – Appellant
Versus
MADAN MOHAN ARORA – Respondent


Advocates Appeared:
B.K.MEHTA, RAJIV DUTTA, SANJAY KAPOOR, VIPIN NAIR

A. K. Srivastava

( 1 ) THIS revision petition under Section 397 read with Section 482 of the Cr. P. C. is against orders dated 16. 11. 94 and 4. 1. 95 passed by the Additional Sessions Judge, Delhi in E. C. A. Case No. 21/94. The impugned order dated 16. 11. 94 says that 761 gas cylinders given on superdari to Hindustan Petroleum Corpn. Ltd. may be returned to Manmohan Arora. Feeling aggrieved with that order the Hindustan Petroleum Corpn. Ltd. moved an application for review but the same was rejected by the impugned order dated 14. 1. 95. It was again ordered that 741 gas cylinders be returned to Manmohan Arora.

( 2 ) THE revisionist is Hindustan Petroleum Corpn. Ltd.

( 3 ) IN this revision petition, a legal plea has been raised that the aforesaid cylinders could not have been returned to Manmohan Arora because under Section 452 of the Cr. P. C. , the Court had no jurisdiction to pass such an order. The grounds taken are two-fold, firstly, that the cylinders belong to the revisionist and secondly that when there was a special Act, namely, the Essential Commodities Act, to deal with the cylinders seized then the learned lower Court could not have passed an order under Section 452













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