M/S Shree Muktanand Auto Aid And vs Bharat Petroleum Corp. Ltd. And ...
2022 Latest Caselaw 558 j&K

                                                                          Sr. No. 35

    HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT JAMMU

                                                        CM No. 1792/2022 in
                                                        OW104 No. 131/2016


M/s Shree Muktanand Auto Aid and                        .....Appellant(s)/Petitioner(s)
others
                       Through: Mr. Vikram Sharma, Sr. Advocate with
                                Mr. Sachin Dev Singh, Advocate
                 Vs
Bharat Petroleum Corp. Ltd. and another                             ..... Respondent(s)
                       Through: None

Coram: HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
                                        ORDER

This is an application filed by the applicants seeking modification of

Para No.14 of the judgment dated 08.03.2022 passed in OW104 Nos. 131/2016

and 132/2016.

Para 14 of the judgment reads as under:-

14. For the reasons discussed above, the instant petitions are allowed and impugned order dated Order dated 5th November 2016, passed by Principal District Judge, Jammu, in a Civil Miscellaneous Appeal under Order 43 Rule I of the Code of Civil Procedure, bearing File no.45/Appeal titled Bharat Petroleum Corporation Limited v. M/s Muktanand Auto Ltd and others, is set- aside, and the Order dated l9th September 2014, passed by Munsiff, Jammu, in a suit bearing File no.l9/827/Misc. titled M/s Shree Muktanand Auto Aid Ltd and others v. Bharat Petroleum Corporation Ltd and another, is upheld.

It is submitted that in Para 14 of the judgment, only File No. 45/Appeal

has been mentioned but in that composite judgment, there were two appeals i.e.

File No. 45/Appeal and 46/Appeal.

OW104 No. 131/2016

For the reasons stated in the application, the same is allowed. The Para

14 of the judgment dated 08.03.2022 is modified accordingly and shall be read as

under:-

14. For the reasons discussed above, the instant petitions are allowed and impugned order dated Order dated 5th November 2016, passed by Principal District Judge, Jammu, in a Civil Miscellaneous Appeal under Order 43 Rule I of the Code of Civil Procedure, bearing File no.45/Appeal titled Bharat Petroleum Corporation Limited v. M/s Muktanand Auto Ltd and others and File No. 46/ Appeal titled Bharat Petroleum Corporation Limited v. M/s Muktanand Auto Ltd and others, is set- aside, and the Order dated l9th September 2014, passed by Munsiff, Jammu, in a suit bearing File no.l9/827/Misc. titled M/s Shree Muktanand Auto Aid Ltd and others v. Bharat Petroleum Corporation Ltd and another and in a suit bearing File No. 75/727/Misc. titled M/s Shree Muktanand Auto Aid Ltd and others v. Bhart Petroleum Corporation Auto Aid Ltd and others, is upheld.

This order shall form part of the order dated 08.03.2022 passed in

OW104 Nos. 131/2016 and 132/2016.

Application is, accordingly, disposed of.

(VINOD CHATTERJI KOUL) JUDGE

Jammu 01.04.2022 Neha