BHARAT PETROLEUM COR.LTD., NAVI MUMBAI THR.ITS TERRITORY MANAGER (RETAIL) vs KEDAR NAMDEO PAWAR

Judgment text excerpt

JUDG.-FAST-10836-2023 BPCL FINAL(1).DOC Digitally signed by PALLAVI MAHENDRA PALLAVI WARGAONKAR MAHENDRA WARGAONKAR Date: 2025.04.23 19:47:52 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO.10836 OF 2023 Bharat Petroleum Corporation Limited A Govt. of India Undertaking Through its Territory Manager (Retail), Thane, having its office at – Plot No.6, Sector -2, Kharghar, Navi Mumbai – 410 210. … Appellant (Orig. Plaintiff) Versus Kedar Namdeo Pawar Age about 67 years, Occupation – Retired, Residing at – 103, Kaveri Building, Bapulagve Road, Near Dahisar Bridge, Dahisar (W), Mumbai – 400 068. … Respondent Mr. Nikhil Sakhardande, Senior Advocate a/w Mr. Prasad Page i/b. Ms. Shubhra Paranjape for the Appellant. Mr. Yashir Peshimam for the Respondent. _______________________ CORAM: G. S. KULKARNI & ADVAIT M. SETHNA, JJ. JUDGMENT RESERVED ON : 6 FEBRUARY 2025 JUDGMENT PRONOUNCED ON : 23 APRIL 2025 _______________________ JUDGMENT (Per Advait M. Sethna, J.) : 1. This appeal assails the judgment and order dated 18 November 2022 (“Impugned Judgment”) passed in Special Civil Suit No.181 of 2017 by Pallavi Wargaonkar, PS Page 1 of 19 JUDG.-FAST-10836-2023 BPCL FINAL(1).DOC the Civil Judge, Senior Division, Kalyan ( “Trial Court” ). In pursuance of our order dated 6 February 2025, we have heard learned counsel for the parties on the final hearing of this appeal and more particularly as a short issue arises for consideration. 2. The impugned judgment was rendered by the trial Court on an application preferred by the respondent/ defendant under Order VII Rule 11(a), (d) of the Civil Procedure Code, 1908 (“CPC”) praying for rejection of plaint alleging that no cause of action had accrued to the appellant/plaintiff to institute the suit