Justice N Nagaresh opined that the case was not a fit one for grant of any reliefs until the oil marketing companies (OMCs) file a statement explaining the present pricing mechanism.
“I understand your difficulty but this is not a case for interim order,” the judge orally observed.
However, the Court opined that the OMCs concerned should consider showing some leniency to the public sector undertakings like the KSRTC.
“There should be some difference between public utility services and private and commercial enterprise consumers,” Justice Nagaresh orally remarked.
“The respondent corporation is directed to file a statement explaining the manner in which the pricing mechanism is working,” the Court ordered.
Advocate Deepu Thankan, representing KSRTC, argued that the price hike is devoid of logic and is the result of nothing but a marketing strategy adopted by the OMCs. He pressed for an interim stay and said that if the same was not granted, the KSRTC would be forced to shut down its operations as it would not be able to withstand for much longer, the substantial losses it is already suffering.
When the Court declined to do so, Thankan requested that a direction be issued that the present price may not be increased until next posting day.
The Court, however, pointed out that the same is not within its jurisdiction under Article 226 of the Constitution of India and posted the matter for further consideration on April 4.
Source: Barandbench
