M.S.Margasagayam(Died) v. M/S.Bharat Petroleum Corporation Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Review Application No.

of in C.R.P.No.

of M.S.Margasagayam (Died)

1. M.S.Muthukumar

2. M.J.Dhandapani

3. M.J.Sankaranarayanan

4. M.Navamani

5. M.Vimalkumar

6. P.Maheswari

7. M.Naresh .. Petitioners Vs.

M/s.Bharat Petroleum Corporation Ltd., Rep. by its territory Manager (Retail) No.1, Ranganathan Garden, Off 11th Main Road, Anna Nagar, Chennai - 600 040.

.. Respondent Prayer: Review Application filed under Order XLVII, Rule 1 r/w Section 114 of Code of Civil Procedure, praying to review the order of this Court dated 10.02.2020 made in C.R.P.No.194 of 2020.

For Petitioners : Mr.P.J.George For Respondent : Mr.V.Anantha Natarajan - - - - - 1/4

O R D E R

This petition has been filed seeking to review the order passed by this Court in C.R.P.No.194 of 2020, dated 10.02.2020.

2. Heard Mr.P.J.George, learned counsel appearing for the review petitioners and Mr.V.Anantha Natarajan, learned counsel appearing for the respondent. I have also perused the records carefully.

3. Mr.P.J.George, learned counsel appearing for the review petitioners would submit that, in paragraph No.5 of the order dated 10.02.2020, this Court has held that, the findings given by the trial Court in respect of certain documents relied on by the revision petitioners are without any reason, and the findings of the trial Court will not stand in the way of the respondent while perusing other remedies available to them. According to the learned counsel appearing for the petitioners, the said findings of this Court may influence the learned Judge who deal with the suit and hence he prayed for setting aside of the same. 2/4

4. However, a careful perusal of the order passed by this Court would show that this Court has only stated that the findings of the trial Court was without any reason whatsoever and further stated that the above findings will not stand in the way of the respondent while perusing his other remedies.

5. In the above circumstances, since the review petitioners have expressed apprehension regarding the finding, to clear the doubt, it is further clarified that, in the event of the respondent herein, file any suit or in the pending suit, the trial Court shall consider the issues independently without in any way being influenced by the findings given in I.A.No.2 of 2019 in O.S.No.17 of 2009 dated 08.11.2019, and the findings given by this Court in the above C.R.P.No.194 of 2020, and decide the issues on merits and in accordance with law.

6. With the above clarification, the review petition is dismissed. No costs.

05.03.2020 kk Note: Issue order copy on or before 09.03.2020. To The Subordinate Judge, Thiruvallur.

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V.BHARATHIDASAN, J.

kk Review Application No.39 of 2020 in C.R.P.No.194 of 2020 05.03.2020 4/4