Kavish Kabra vs Branch Manager Bharat Petroleum ...
2023 Latest Caselaw 18265 MP

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                           ON THE 1 st OF NOVEMBER, 2023
                                          SECOND APPEAL No. 2396 of 2023

                          BETWEEN:-
                          KAVISH KABRA S/O SHRI KAMAL NAYAN KABRA,
                          AGED ABOUT 25 YEARS, OCCUPATION: BUSINESS R/O
                          KHIRKIYA DISTRICT HARDA (MADHYA PRADESH)

                                                                              .....APPELLANT
                          (BY SHRI DEVANSH TIWARI - ADVOCATE ON BEHALF OF SHRI SATYAM
                          AGRAWAL - ADVOCATE)

                          AND
                          1.    BRANCH MANAGER BHARAT PETROLEUM CO
                                OPEARTION LTD BHOPAL REGIONAL OFFICE
                                BHOPAL (MADHYA PRADESH)

                          2.    PUBLICE AT LARGE NOT MENTION (MADHYA
                                PRADESH)

                          3.    MADHUSUDAN S/O GIRDHARILAL KABRA R/O
                                SHEETAL HOUSING SOCIETY TAKLI ROAD NASIK
                                CR.  R/O KHIRKIYA DISTRICT (MADHYA
                                PRADESH)

                          4.    SMT.        NARMADABAI    W/O     SHRI
                                GOVARDHANDASJI CHANDAK, AGED ABOUT 83
                                YEAR S , R/O GANGARAM PLOT TEHSIL AND
                                DISTRICT (MADHYA PRADESH)

                          5.    AJAY KUMAR JAIN S/O SHANTILAL JAIN, AGED
                                ABOUT    58  YEARS, R/O CHARUVA TEHSIL
                                KHIRKIYA    DISTRICT   HARDA    (MADHYA
                                PRADESH)

                          6.    RADHESHYAM S/O GIRDHARILAL KABRA, AGED
                                ABOUT 83 YEARS, R/O WARD NO. 06, MAIN ROAD,
                                TEHSIL- KHIRKIYA, DISTRICT-HARDA (MADHYA
                                PRADESH)


Signature Not Verified
Signed by: SATTYENDAR
NAGDEVE
Signing time: 11/2/2023
10:20:44 AM
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                                                                                          .....RESPONDENTS


                                 T h is appeal coming on for orders this day, t h e cou rt passed the
                          following:
                                                               ORDER

Registry has listed this second appeal on the question of maintainability. At the outset, learned counsel for the appellant/plaintiff prays for conversion of this second appeal into civil revision, however no such application has been filed by the appellant.

In view of the aforesaid, this Court is not inclined to convert this second appeal into civil revision.

Accordingly, this second appeal is dismissed as not maintainable. However, the appellant shall be at liberty to avail alternative/appropriate remedy, subject to law of limitation, against the judgment dated 19.01.2023

passed by 1st Additional District Judge, District Harda, in RCA No.41/2022.

Registry is directed to return the certified copy of impugned judgment dated 19.01.2023 to learned counsel for the appellant after retaining its photocopy on record.

Pending application(s), if any, shall stand dismissed.

(DWARKA DHISH BANSAL) JUDGE SN

Signature Not Verified Signed by: SATTYENDAR NAGDEVE Signing time: 11/2/2023 10:20:44 AM