Delve into a legal case where the court examined the evolution of appellate mechanisms in light of changing guidelines. The court’s analysis provides valuable insights into the interpretation and application of the law in complex appellate proceedings. Stay tuned to learn more about the judicial perspective on this important aspect of legal jurisprudence.
Facts
- The appellant, Chief Divisional Retail Sales Manager at Indian Oil Corporation Limited, Gorakhpur, has challenged the High Court’s order dated 30.09.2021 in Contempt Application (Civil) No 3938 of 2021.
- The High Court directed that the respondent’s appeal shall be decided by the Dispute Resolution Panel, Gorakhpur within a month, or the petitioner must appear in person before the Court on the next date.
- A writ petition (Writ-C No.23870 of 2021) was filed by the respondent challenging the appeal process that forwarded the appeal to the Appellate Authority at the Head Office instead of the Dispute Resolution Forum.
- The Supreme Court stayed the operation of the impugned order dated 30.09.2021 in response to the appellant’s petition (SLP(C) No 16767 of 2021).
- The background of the matter includes the respondent’s initial writ petition (No 26456 of 2020) in the High Court, questioning the termination of its dealership and the requirement to challenge the termination order with a fee of Rs. 5,00,000 within 30 days, which was deemed unsustainable by the High Court in its order dated 19.01.2021.
- The High Court noted the change in the appellate forum during the appeal proceedings due to amendments in guidelines.
- The Dispute Resolution Forum, as previously provided, was no longer in existence.
- The amended guidelines stipulated that the Director of Indian Oil Corporation Limited would be the Appellate Authority.
- The Appellate Authority heard the appeal and parties on 16.12.2021.
- The High Court, in the contempt application dated 30.09.2021, directed that the appeal be decided by the Dispute Resolution Panel as per the guidelines at the time of filing.
- The High Court considered the appeal under the amended guidelines and did not mandate placement before the Dispute Resolution Forum.
- The writ petitioner agreed to the appeal being disposed of according to the amended guidelines.
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Analysis
- The respondent has abandoned the request for appeal to be decided through the old mechanism.
- It is reasonable for the respondent to do so, as the forum for appeal no longer exists.
- Having the right to appeal does not equate to the right to insist on a no longer available forum for consideration.
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Decision
- The impugned order dated 30.09.2021 is set aside.
- The contempt proceedings in Contempt Application (Civil) No 3938 of 2021 are rendered redundant.
- The proceedings before the High Court in Contempt Application (Civil) No 3938 of 2021 stand closed.
- The appeal is allowed.
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Case Title: ABHYUDAYA KUMAR SHAHI Vs. M/S BHARAT PRADHAN FILLING CENTRE (2022 INSC 269)
Case Number: C.A. No.-001849-001849 / 2022
