At the time of dealing appeal after grant special leave court is not bound to go into the merit unless justice of the case does not require interference

Last updated: 08 February 2012

Court :
HIGH COURT OF DELHI

Brief :
This Intra-Court Appeal impugns the judgment dated 31st August, 2007 of the learned Single Judge allowing WP(C) No. 469/2005 preferred by the respondent no.1 and directing the appellant to restore the LPG distributorship to the respondent no.1 and to also attach back to the said distributorship the customers who had been distributed to other dealers. Notice of this appeal was issued. It appears that the respondent no.1 had initiated contempt proceedings owing to non compliance of the direction issued by the learned Single Judge. However, on 11th February, 2008 the counsel for the respondent no.1 stated that he would not press the contempt till the disposal of this appeal. The appeal was vide order dated 25th August, 2008 admitted for hearing. The counsels have been heard.

Citation :
INDIAN OIL CORPORATION LTD & ANR. ..... Appellants Through: Mr. Abhinav Vashisht, Sr. Advocate with Mr. Rajat Naved, Ms. Prachi Sharma, Advocates Versus SUSHILA KUMAR & ANR. ..... Respondents Through: Mr. Anil K. Kher, Sr. Advocate with Mr. D.R.Bhatia,Mr. Ankur Bansal and Mr. Siddhartha Jain, Advocates.