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CDJ 2026 SC 335 print Preview print Next print
Court : Supreme Court of India
Case No : Petition(s) for Special Leave to Appeal (C) No(s). 33535 of 2025
Judges: THE HONOURABLE MR. JUSTICE J.B. PARDIWALA & THE HONOURABLE MR. JUSTICE ALOK ARADHE
Parties : Greenko Ka01 Irep Private Limited Versus Mujawar Petroleums & Others
Appearing Advocates : For the Petitioner: ------ For the Respondents: -------
Date of Judgment : 12-01-2026
Head Note :-
Subject
Summary :-
1. Statutes / Acts / Rules / Orders Mentioned:
- None

2. Catch Words:
- Special Leave Petition
- Arbitration
- Interlocutory application
- Compensation
- Compliance
- Permission

3. Summary:
The Court reiterated its earlier order directing the dealer and IOCL to shift the retail outlet, specifying timelines for stock removal, de‑gasification, and relocation. Parties reported substantial compliance, with only the removal of the underground tank pending. IOCL was instructed to obtain necessary permissions and complete the tank removal within 15 days. The Court directed IOCL to assist the operator in establishing a new outlet within six months. The Operator’s grievance regarding compensation was left for the arbitrator to consider. All interlocutory applications, if any, were disposed of, and the Special Leave Petition was concluded.

4. Conclusion:
Petition Dismissed
Judgment :-

1. Our order dated 15.12.2025 reads thus :-

                   '1. Our order dated 5-12-2025 reads thus:-

                   '1. Today when the matter was taken up for further hearing, Mr. Chandrashekhar appearing for the Retail Outlet Dealer very fairly submitted that his client has decided to shift the retail outlet to some other place.

                   2. Mr. Shashwat Goel, the learned counsel appearing for the Indian Oil Corporation Limited, upon instructions, submitted that they would facilitate shifting of the said retail outlet at the earliest.

                   3. One thing is certain that a decision has been taken to shift the outlet to some other place. Now, it is just the matter of working out the modalities of shifting.

                   4. We grant a week's time to the Respondent No.1 as well as Respondent No.4 to work out and see to it that the outlet is dismantled and shifted to the new place which has been identified. 5. Put it up on 15-12-2025 on top of the Board.'

                   2. In pursuance of our order, referred to above, the parties have been able to workout the modalities, more particularly, the time limit for the purpose of shifting of the petrol pump.

                   3. Although the parties on their own have worked-out the time limits, yet we direct the parties to act as under:-

                   (a) We grant one week's time to the dealer to remove the stock of petrol/diesel;

                   (b) Once the entire stock is removed by the dealer within a period of one week from today, the next step in the process shall be de-gasification by the Indian Oil Corporation Limited (IOCL).

                   (c) The de-gasification process shall be completed by the IOCL within a period of five days. Once the aforesaid process is over, the dealer shall thereafter start shifting the entire infrastructure to the new place which they have already identified.

                   4. We make it clear that once the stock is removed, the IOCL shall not supply any fresh stock at the subject - site.

                   5. The aforesaid directions shall be strictly adhered to by the parties.

                   6. Mr. Chandrashekhar, the learned counsel appearing for the dealer submitted that his client is ready and willing to talk with the client of Mr. Divan and put an end to the entire dispute. If they are able to talk and put an end to it, nothing like that. Let the talks be initiated.

                   7. Mr. Divan has also graciously accepted the suggestion and he would put to his client to initiate the talks and put an end of the entire dispute.

                   8. Post it on 12-1-2026 on top of the Board to report compliance.'

2. Today, when the matter was taken up for further hearing, the learned counsel appearing for the parties brought to our notice that there has been substantial compliance of all the directions issued by this Court. However, the only thing that remains to be done is the removal of the underground tank and machinery.

3. Learned counsel appearing for Respondent No.4 - IOCL submits that some permissions are required to be obtained for the said purpose.

4. IOCL shall see to it that the necessary permissions are obtained at the earliest and the tank and other machines are shifted within a period of 15 days from today.

5. With the aforesaid, this Special Leave Petition stands disposed of.

6. We request the learned Arbitrator Justice N. Kumar [Retd.] to proceed further with the Arbitration.

7. Mr. Chandrashekhar A. Chakalabbi, the learned counsel appearing for the Operator, has one grievance to redress. This grievance relates to the issue of compensation etc. It shall be open to the Operator to raise all such grievances before the learned Arbitrator.

8. At this stage, learned counsel appearing for the Operator brought to our notice that it is going to take a pretty long time before it is able to start a new retail outlet at a new place.

9. We direct the IOCL to cooperate in regard to the aforesaid and see to it that the Operator is able to start a new retail outlet within a period of six months from today.

10. Pending interlocutory application(s), if any, is/are disposed of.
 
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