Mohan Singh Jagat Singh Dhami v. Indian Oil Corporation Ltd And ANR

5.nms.2283.2012.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

NOTICE OF MOTION NO. 2283 OF 2012 IN SUIT NO. 1905 OF 2012 Mohan Singh Jagat Singh Dhami ...Applicant/plaintiff vs Indian Oil Corporation Ltd. & Anr.

...Defendants .....

Ms Bhavna A Anklesaria for the Applicant/Plaintiff. Mr Hemant Prabhulkar i/b Jurisperitus Mumbai for Defendant No.1. Mr Shailendra S. Kanetkar for Defendant No.1. .....

Dhanappa I. Koshti CORAM : B. P. COLABAWALLA, J.

Dhanappa I. Koshti Date: 2019.07.18 10:54:46 +0530 JULY 17, 2019.

P.C. :

After hearing the advocates appearing on behalf of the applicant / plaintiff as well as defendant Nos.1 and 2, with the consent of parties and without prejudice to their rights and contentions either in this suit or in any other proceedings adopted by them, the following order is passed.

(i) Defendant No.1 (Indian Oil Corporation Ltd.) shall remove all their equipments lying on plot No. C situated at Dr. C. Gidwani Marg, Chembur, Mumbai 400 074 and which was installed for running the petrol pump from the said plot. This exercise shall be Pg 1 of 2

5.nms.2283.2012.doc undertaken by the Indian Oil Corporation Ltd. within a period of eight weeks from today.

(ii) If there is any petroleum or other petroleum products lying on the property, they too shall be removed subject to any claim that defendant No.2 may have against defendant No.1.

The Notice of Motion is disposed of in the aforesaid terms. No order as to costs.

It is clarified that this order is passed without prejudice to the rights and contentions of all parties either in this suit or any other proceedings that may be pending between them. (B.P.COLABAWALLA, J.) Pg 2 of 2