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Judgment
On 04.07.2022, the following order was passed:
“Mr. Ankit Singhal, learned counsel for the petitioner, by drawing attention to a representation dated 15.12.2021 submitted to the respondent No. 3 for settlement of dispute in terms of the clause 16 of the Fuel Supply Agreement FSA No. A328 dated 21.11.2017 and A1025 dated 8.3.2019, submits that till now the representation has not been considered though the petitioner along with said representation had nominated a person to take part in the settlement process.
Mr. Vaibhav Shukla, learned counsel, appearing for respondent Nos. 1 to 3, prays for a week’s time to obtain instructions.
Mr. Ramakant Mishra, learned Assistant Solicitor General for Union of India, appearing for respondent No. 7, is present.
List on 13th of July, 2022, as a fresh case.”
We have heard Mr. Ankit Singhal, learned counsel for the petitioner as well as Mr. Ramakant Mishra, learned Assistant Solicitor General, appearing for respondent No. 7.
Mr. Vaibhav Shukla, learned counsel submits that he has got instructions to appear for respondents No. 1 to 6 and submits that an affidavit was filed stating that a letter dated 11.07.2022 was issued to the petitioner in connection with settlement of grievances and that if the petitioner approaches the designated authority within a period of 7 days, the respondents would complete the financial reconciliation against the Fuel Supply Agreements (FSAs) within a period of 45 days.
In paragraphs 3 and 4 of the affidavit, it is stated as follows:
“3. It is humbly submitted that on 11.07.2022, the answering respondent have issued a letter to the petitioner intimating that in order to settle the grievances, the petitioner can visit the office of General Manager (Sales and Marketing) within 7 days for financial reconciliation so that the action could be taken by the Respondents is so far as return of bank guarantees submitted by the Petitioner against FSA No. 328 and 1025 towards Financial Coverage and performance security is concerned. Copy of the order dated 11.07.202 is enclosed herewith as Annexure R/1.
In the event the petitioner approaches the Respondent, the answering respondent in turn would complete the financial reconciliation against both the FSAs within 45 days.”
Mr. Singhal submits that in view of the letter dated 11.07.2022, the petitioner will appear before the General Manager (Sales and Marketing), as directed. He submits that since the petitioner had submitted a representation for settlement of dispute in terms of the clause 16 of the FSAs, the respondents may be directed to consider the plea urged by the petitioner that the retrospective termination of the FSAs is not permissible in law.
Mr. Shukla submits that financial reconciliation, as indicated in the letter dated 11.07.2022, would also include that aspect of the matter.
In view of the above submission of Mr. Shukla, Mr. Singhal submits that there is no surviving cause of action in the writ petition and accordingly, the same may be closed.
Having regard to the submissions of the learned counsel for the parties, taking note of their submissions, the present writ petition is disposed of.