Dismissed

M/S Vishnu Infra & Energy Solutions Private Limit v. the Indian Oil Corporation Limited

Karnataka HC28 Nov 2023WP/5629/2017

Case brief

AI extract

What is this about?

In a writ petition filed under Article 226, the High Court of Karnataka observed that the petitioner was a resident outside its territorial jurisdiction for the secondary prayer. The petition was disposed of in limine with liberty to approach the appropriate forum for the remainder. The court directed the period spent before it to be considered towards delay in the subsequent petition.

What did the court decide?

Petition disposed reserving liberty to approach the appropriate forum for the prayer regarding monetary recovery. Period spent counted towards delay.

M/S Vishnu Infra & Energy Solutions Private Limit… — Service and Employment | Karnataka HC (2023)

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NC: 2023:KHC:43003 WP No. 5629 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5629 OF 2017 (GM-TEN)

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BETWEEN:

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M/S VISHNU INFRA & ENERGY SOLUTIONS PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 AND

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HAVING ITS OFFICE AT PLOT NO.112, H.NO.1-63/K/112/1 KAVURI HILLS, PHASE-I, MADHAPUR HYDERABAD – 500 033 REPRESENTED HEREIN BY ITS DIRECTOR MR.A.GIRIDHAR (AKA GIRIDHAR RAO ALLUMOLU)

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…PETITIONER

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(BY SRI. S. SUSHANT VENKATESH PAI, ADVOCATE)

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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AND:

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THE INDIAN OIL CORPORATION LIMITED MARKETING DIVISION KARNATAKA STATE OFFICE “INDIAN OIL BHAVAN” NO.29, P. KALINGARAO ROAD MISSION ROAD BENGALURU – 560 027 REPRESENTED HEREIN BY ITS GENERAL MANAGER (ENGG.)

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NC: 2023:KHC:43003 WP No. 5629 of 2017

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THE INDIAN OIL CORPORATION LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT “INDIAN OIL BHAVAN” G - 9, ALL YAVUR JUNG MARG BANDRA EST MUMBAI – 400051 REPRESENTED BY HEREIN BY ITS GENERAL MANAGER (ENGG.)

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…RESPONDENTS

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(BY SRI. RAVINDRA R., ADVOCATE FOR R1; SERVICE OF NOTICE TO R2 IS HELD SUFFICIENT VIDE ORDER DATED 05.04.2017)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE R-1 DTD.9.11.2016 VIDE ANNEX-A; DIRECT THE RESPONDENTS TO UNBLOCK AND RESTORE THE VENDOR CODE OF THE PETITIONER AND CONSIDER THE PETITIONER IN THE PENDING AND FUTURE TENDERS AND ETC.,

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court calling in question a tender notification dated 09.11.2016.

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Learned counsel for the petitioner would submit that

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due to efflux of time, the first prayer would not survive and what would remain is only prayer ‘C’, which is seeking a direction to the respondents to release a sum of Rs.46,05,080/-

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NC: 2023:KHC:43003 WP No. 5629 of 2017

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Learned counsel for respondent No.1 – the Indian Oil Corporation Limited would submit that the petitioner is a resident within the jurisdiction of the High Court of Telangana as also respondent No.2, from whom prayer ‘C’ is now sought.

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Therefore, the petition is disposed reserving liberty to approach appropriate fora seeking prayer ‘C’. In the event, a petition is filed before the appropriate for a, the period of delay spent before this Court shall be taken into consideration for the purpose of delay, if any.

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Order accordingly.

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Sd/JUDGE

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NVJ List No.: 1 Sl No.: 100

M/S Vishnu Infra & Energy Solutions Private Limit v. the Indian Oil Corporation Limited

Case brief

What is this about?

What did the court decide?

M/S Vishnu Infra & Energy Solutions Private Limit v. the Indian Oil Corporation Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

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