Manipur High Court
Indian Oil Corporation Ltd. & 3 Ors vs Loitongbam Premkumar Singh & 4 Ors on 28 April, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
Item No. 1,2 & 5
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC(WP(C) No. 316 of 2025 with
WP(C) No. 283 of 2025 with
MC(WP(C) No. 265 of 2025 with
Indian Oil Corporation Ltd. & 3 Ors.
.....Petitioner/s
- Versus -
Loitongbam Premkumar Singh & 4 Ors.
.... Respondent/s
BEFORE
HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA
Order
28.04.2025
[1] Heard Mr. L. Shashibhushan, learned senior counsel
assisted by Mr. Fakharuddin, learned counsel for the IOC/applicant and
Mr. HS. Paonam, learned senior counsel assisted by Ms. Malemleima,
learned counsel for the petitioner.
[2] By the present applicantion, the IOC prays for stay of the
proceedings of WP(C) No. 318 of 2025 filed by the petitioner herein
under the provision of Section 10 of CPC.
[3] It is stated that the petitioner has already filed WP(C) No.
283 of 2025 with the same prayer and with the identity of the subject
matter and party. Hence, subsequent writ petition is barred by Section
10 of CPC and has to be stayed during the pendency of the earlier writ
petition.
[4] On the other hand, Mr. HS. Paonam, learned senior
counsel for the petitioner, submits that after filing of the earlier writ
petition being WP(C) No. 283 of 2025 with service of notice with
advance copy to the IOC, the subsequent corrigendum was issued by
IOC substantially changing the terms of the NIT and in the
circumstances, the petitioners are compelled to filed subsequent writ
petition being WP(C) No. 318 of 2025. Learned senior counsel draws
attention to para 31 of the subsequent writ petition wherein it is stated
that the petitioner may be permitted to withdraw the earlier writ petition
being WP(C) No. 283 of 2024 with the permission of this Court. It is
stated that the petitioner may be permitted to refer to the documents
annexed to the earlier writ petition at the time of hearing.
[5] Mr. L. Shashibhushan, learned senior counsel for the
IOC, fairly submits that the present application may be disposed of by
allowing the prayer of the learned senior counsel for the petitioners to
withdraw the earlier writ petition being WP(C) No. 283 of 2025 with
liberty to refer to the documents annexed in that writ petition.
[6] This Court has considered the submissions made at the
bar and perused the materials on record.
[7] MC(WP(C) No. 316 of 2025 can be disposed of by
allowing the petitioners to withdraw WP(C) No. 283 of 2025 and
permitting them to refer the documents annexed with it while
considering the submissions in WP(C) No. 318 of 2025.
[8] With this observation, MC(WP(C) No. 316 of 2025 is
disposed of. WP(C) No. 283 of 2025 along with MC(WP(C) No. 265 of
2025 is dismissed as withdrawn so that the petitioner may pursue the
cause of the writ petition in WP(C) No. 318 of 2025 relying on the
documents of WP(C) No. 283 of 2025.
JUDGE
Kh. Joshua Maring
KH. Digitally signed by
KH. JOSHUA
JOSHUA MARING
Date: 2025.04.30
MARING 12:48:37 +05'30'
