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2006 Supreme(Raj) 1993

R.V.RAVEENDRAN, H.K.SEMA
Indian Oil Corporation – Appellant
Versus
NEPC India Ltd. – Respondent


Advocates Appeared:
L. Nageshwar Rao, Sr. Advocate, H.K. Puri, Ujjwal Banerjee, S.K. Puri, Priya Puri and V.M. Chauhan, Advocates, with him, for Appellant C.A. Sundaram, Sr. Advocate, Sanjay Sen, S.R. Raghunathan, Rana S. Biswas, Indra Sawhney and Pramod Dayal, Advocates, wi

Honble RAVEENDRAN, J.–These appeals are filed against the common order dated 29.3.2001 passed by the Madras High Court allowing Crl.O.P. Nos. 241 of 1999 and 1563 of 2000. The said two petitions were filed by the respondents herein under section 482 of Criminal Procedure Code (Code for short) for quashing the complaints filed by the appellant against them in C.C. no. 299 of 1999 on the file of Judicial Magistrate No. 6, Coimbatore and C.C. No. 286 of 1998 on the file of Judicial Magistrate, Alandur (Chennai).

(2). The appellant (Indian Oil Corporation, for short IOC) entered into two contracts, one with the first respondent (NEPC India Ltd.) and the other with its sister company Skyline NEPC Limited (Skyline for short) agreeing to supply to them aviation turbine fuel and aviation lubricants (together referred to as aircraft fuel). According to the appellant, in respect of the aircraft fuel supplied under the said contracts, the first respondent became due in a sum of Rs. 5,28,23,501.90 and Skyline became due in a sum of Rs. 13,12,76,421.25 as on 29.4.1997.

(3). The first respondent hypothecated its two Fokker F27-500 Aircrafts, bearing Registration No. VT-NEJ (12684) and VT-NEK (1068





















































































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