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2020 Supreme(J&K) 555

SINDHU SHARMA
Indian Oil Corporation Limited – Appellant
Versus
South Kashmir Petroleum Dealers Association – Respondent


Counsel for the Parties:
For the Petitioners:Mr. D. C. Raina, Sr. Advocate with Mr. Hakim Aman Ali, Advocate
For the Respondents:Mr. Malik Mushtaq and Mr. G. M. Dar, Advocates

JUDGMENT

This petition has been filed under Article-227 of the Constitution of India seeking quashing of order of Sub-Judge, Pulwama dated 04.07.2020 extending the time for fulfilling the conditions of Expression of Interest (EOI) and raises a question whether a decree of permanent prohibitory injunction could be passed by a Civil Court for grant of following reliefs:-

“a) …That a decree for declaration declaring the tender notice bearing EOI No. PSO/OPS/EO1/(MS-HSD)/Jammu Kashmir and Ladakh locations bearing tender ID No. 2020PSO113260, ineffective, inoperative, illegal, unfair and detrimental to the interest of the plaintiffs and other RO dealers operating in South Kashmir;

b) That a decree for permanent injunction restraining the defendants from competing the tender process till life returns to normalcy from COVID-19, with a further direction to the defendants to continue with the arrangements for transporting of petroleum products as per the allotment of 2014 which is in vogue till date, be passed in favour of the plaintiffs and against the defendants.”

2. The suit was filed by the plaintiffs/respondents herein alongwith an application for grant of interim relief. The Trial Cour

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