Bombay High Court
Bharat Petroleum Corporation Limited ... vs Marie Joseph Faria D/O Late Frank ... on 25 January, 2024
913-WP-4686-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4686 OF 2023
SHARADA
WITH
RANGNATH INTERIM APPLICATION (ST) NO.32651 OF 2023
WAHULE
Digitally signed by
SHARADA
RANGNATH
WAHULE Marie Joseph Faria D/o Late Frank
Date: 2024.01.25
19:58:51 +0530
Oliveira JR & Ors. ... Petitioners
V/s.
Bharat Petroleum Corporation Ltd &
Ors. ... Respondents
WITH
WRIT PETITION NO.10103 OF 2023
Bharat Petroleum Corporation Limited
Formerly Known As Burmah Shell Oil
Storage And Distribution Co. & Ors ... Petitioners
V/s.
Marie Joseph Faria D/o Late Frank
Oliveira & Ors. ... Respondents
____________________________________
Mr. Nursat Shah a/w. Ema Almeida, Kevin Gala, Archana Jha & Mr.
Anil Rai i.b Samma Shah, Advocate for the Petitioner in
WP/4686/2023 & for Respondent No.1 in WP/10103/2023.
Mr. P. S. Dani Senior Advocate a/w Mr. S. R. Page, Eesha J. & Adv.
Ruchi Umrotkar for Respondents in WP/4686/2023 & for
Petitioner in WP/10103/2023.
Mr. C. D. Mali - APP for the Respondent-State
____________________________________
CORAM : RAJESH S. PATIL, J.
DATED : 25 JANUARY 2024
Sharada
913-WP-4686-2023.doc
P.C.:
WRIT PETITION NO.4686 OF 2023
1. Mr. Dani Senior Counsel appearing for the Respondents have
raised a preliminary objection about maintainability of this Writ
Petition.
2. Mr. Dani submits that the impugned order has been
challenged by the petitioners by Writ Petition when the Revision
could have been filed before the Appellate Bench of the Small
Causes Court.
3. Mr. Dani has referred the full bench judgment of this Court
Bhartiben Shah Vs. Gracy Thomas reported in 2013(2) Bom C.R.1.
4. Mr. Nursat Shah appearing for the petitioner seeks leave of
the court to withdraw this Writ Petition with liberty to file a
Revision under Section 42 of the Presidential Small Causes Act
1882 before the Appellate Bench of Court of Small Causes, at
Mumbai. He further sought exclusion of time period from filing of
the present Writ Petition till today. This said period should be
excluded while calculating the limitation period.
5. Leave with liberty, as prayed for, is granted. Writ Petition is
disposed of as withdrawn with liberty to the petitioner to file the
Revision under Section 42 before the Court of Small Causes. Since
this Court has not dealt with the merits of the matter, all
contentions of parties are kept open.
6. If the revision is filed by the petitioner within a period of one
week from today, the same will be decided by the Appellate Bench
Sharada
913-WP-4686-2023.doc
of Small Causes court as expeditiously as possible and will try to
make an endavour to dispose of the same within a period of six
weeks from today.
7. All parties to act on an authenticated copy of this order.
WRIT PETITION NO.10103 OF 2023
1. Stand over to 8 February 2024 under the caption 'for
admission'.
2. Ad-interim relief, if any, to continue till the next date of the
hearing.
(RAJESH S. PATIL, J.)
Sharada
