VIKRAM PRAVICHANDRA KAPADIA vs M/S. NATIONAL CONSTRUCTION CO. AND ORS

Judgment text excerpt

04-CRA-487-2017.doc Arjun IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.487 OF 2017 Vikram Pravinchandra Kapadia …Applicant ARJUN VITTHAL Versus KUDHEKAR M/s. National Construction Co. & Ors. …Respondents Digitally signed by ARJUN VITTHAL KUDHEKAR Date: 2025.04.13 16:42:17 +0530 WITH CIVIL REVISION APPLICATION NO.486 OF 2017 Vikram Pravinchandra Kapadia …Applicant Versus M/s. National Construction Co. & Ors. …Respondents WITH WRIT PETITION NO.1713 OF 2018 Vikram Pravinchandra Kapadia …Petitioner Versus M/s. National Construction Co. & Ors. …Respondents _______________________________________________________________ Ms. Anita Castellino a/w Haider Tapia i/b Mohammed Asim, for the Applicant/Petitioner. Ms. Ranjana Parikh, for the Respondent No.1. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J. DATED: 25 MARCH 2025 JUDGMENT: 1. Heard Ms. Anita Castellino, learned Counsel appearing for the Applicant/Petitioner and Ms. Ranjana Parikh, learned Counsel appearing for the Respondent No.1. 2. The Supreme Court in the decision of M. Nagabhushana v. State 1 04-CRA-487-2017.doc of Karnataka 1, has held that the principle of finality of litigation is based on high principle of public policy. In the absence of such a principle great oppression might result under the colour and pretence of law inasmuch as there will be no end of litigation and a rich and malicious litigant will succeed in infinitely vexing his opponent by repetitive suits and actions. The observations of the Supreme Court in M. Nagabhushana (supra) are squarely applicable to the present case. 3. The factual position in this case is as follows :- i. The Suit bearing RAE Suit No.446/2930 of 1970 has been instituted by the R