SRI VENKATESWARA SERVICE STATION Vs. BHARAT PETROLEUM CORPORATION LTD., TONDIARPET AND BHARAT PETROLEUM CORPORATION LTD., ANNA NAGAR

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed against the order dated 13.12.2013 made in I.A. No. 7006 of 2011 in O.S. No. 719 of 2011 on the file of III Additional Judge, City Civil Court, Chennai. If an issue comes before the Civil Court, the citizens are under the impression that it goes to the cold storage. This is a classic case which should have been decided within a year, however is hanging for more than a decade and this court does not want to find fault with anybody for that.

(2.) THE petitioner was appointed by the respondent as adhoc dealer by virtue of the letter dated 01.11.1995 to run the HSD retailer outlet at Sathangadu, Manali. The period of dealership was upto 01.05.1996. Even after expiry of the said period, the petitioner was not disturbed. The petitioner has allowed to act as a dealer and the supply was continuing. The problem arose only in the year 2000 when the officials of the respondent took samples from the petitioner's run outlet on 01.11.2000 and the samples were sent for analysis report. Meanwhile, for violation of certain norms, the petitioner's dealership was suspended for a period of 45 days by virtue of communication dated 01.11.2000 which enabled the petitioner to approach the original side of this court and to file C.S. No. 880 of 2000 seeking for a decree (a) declaring that the notice dated 01.11.2000 issued by the defendants suspending sale is illegal, (b) for a mandatory injunction directing the respondent/defendants to effect the supply of petroleum products in accordance with the adhoc dealership appointment order dated 01.11.1995, (c) for a mandatory injunction directing the defendants to permit the petitioner/plaintiff to effect sale and supply of the products through the outlet and (d) for permanent injunction restraining the respondents/defendants from cancelling the adhoc dealership awarded by the petitioner/plaintiff at Sathangadu dated 01.11.1995 except in accordance with law.

(3.) WHEN things stood so, due to change in the pecuniary jurisdiction, the above suit got transferred to the City Civil Court and re -numbered as O.S. No. 719 of 2011. When the matter was posted for trial, the respondents taken out an application under Section 151 of CPC contending that the suit has become infructuous and it should be dismissed. The said application was allowed and thereby the suit has been dismissed. Aggrieved over that only, the plaintiff before the trial court has approached this court by way of this revision.