Bharat Petroleum Cor.Ltd., Navi Mumbai Thr.Its Territory Manager (Retail) v. Kedar Namdeo Pawar

14-IA-87-2025 (C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 87 OF 2025 IN First Appeal(ST) NO. 10836 OF 2023 Bharat Petroleum Cor.ltd., Navi Mumbai Thr.

its Territory Manager (retail) ...Applicant

Versus

Kedar Namdeo Pawar

...Respondent

__________ Adv. S.R. Page, for the Appellant/Applicant.

Adv. Yasir Peshiman, for the Respondent.

__________ CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE :

30 JANUARY 2025 P.C.:

1.

To enable Mr. Page, learned counsel for the applicant to take instructions, stand over to 31 January 2025 at 2:30 P.M.

2.

In view of the fresh suit being instituted by the respondent, which is pending adjudication, prima-facie, we are of the opinion that the reliefs which are prayed for in the suit in question, subject matter of the present First Appeal, would bring about some conflict with the contention that the applicant/ appellant would intend to take in the said suit which is filed by the respondent. This on account of the fact that applicant/appellant Bharat Petroleum Limited has already taken possession of the subject outlet along with the land. 3.

Let the appropriate instructions be taken, and the Court be informed in that regard on the adjourned date of hearing. [ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] Mayur Adane, PA