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2021 Supreme(UK) 201
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Nitesh Kumar - Appellant
Versus
Indian Oil Corporation Limited - Respondent
Writ Petition (M/S) No. 2415 of 2021
Decided On : 18-11-2021
Rakesh Thapliyal, Advocate, Lalit Shama, Advocate, P.C. Petshali, Advocate, V.K. Kohli, Advocate, I.P. Kohli, Advocate
The Court may decline to interfere in a matter where the petitioner has a remedy available and no prejudicial order has been passed yet.
Headnote:
show-cause notice - challenge by petitioner - Court declines to interfere at this stage
Fact of the Case:
Petitioner challenged a show-cause notice, but the Court declined to interfere as the petitioner has the remedy of filing a reply and no prejudicial order has been passed yet.
Finding of the Court:
The writ petition fails and is dismissed. The Court expects uninterrupted supply of L.P.G. cylinders by Indian Oil Corporation until the final order is passed.
Issues: Challenge to show-cause notice, interference by the Court, uninterrupted supply of L.P.G. cylinders
Ratio Decidendi: The Court declined to interfere at this stage as the petitioner has the remedy of filing a reply to the show-cause notice and no prejudicial order has been passed yet.
Final Decision: The writ petition fails and is dismissed. The Court expects uninterrupted supply of L.P.G. cylinders by Indian Oil Corporation until the final order is passed.
JUDGMENT
Manoj Kumar Tiwari, J. - Petitioner has challenged a show-cause notice. Since petitioner has a remedy of filing reply to the show-cause notice and no order prejudicial to the interest of the petitioner has been passed as yet, therefore, this Court is not inclined to interfere in this matter at this stage.
2. Accordingly, writ petition fails and is dismissed.
3. Learned counsel for the petitioner then submits that Indian Oil Corporation is not providing uninterrupted supply of L.P.G. cylinders.
4. Since no order of termination of dealership of the petitioner has been passed as yet, therefore, this Court hopes and expects that uninterrupted supply of L.P.G. cylinders will be maintained by Indian Oil Corporation, till passing of the final order.
5. Let a certified copy of this order be issued today itself.
