M.S. VENKATESH Vs. BHARAT PETROLEUM CORPORATION LTD.

JUDGEMENT

(1.) APPELLANT - plaintiff is seeking review of the judgment passed by co -ordinate bench of this Court in RFA No. 1210/2011 by judgment dated 17.06.2013 whereunder, plaintiffs appeal challenging the correctness and legality of the judgment and decree dismissing plaintiffs suit for declaration to declare termination order passed by Corporation dated 28.05.2001 terminating plaintiffs dealership of petroleum products passed in OS No. 1223/2010 dated 20.06.2011 has been dismissed and judgment and decree passed by the Trial Court came to be affirmed, contending inter alia that against said judgment and decree passed in RFA No. 1210/2011, appellant had filed a Special Leave Petition before the Hon'ble Apex Court and by order dated 28.02.2014, liberty was granted to the petitioner to file a review petition, as such it is stated that present review petition has been filed.

(2.) I have heard the arguments of Sri. M.S. Venkatesh, party -in -person and Sri. M.S. Narayan, learned counsel appearing for respondent - Corporation. Perused the records.

(3.) PLAINTIFF filed a suit for setting -aside the termination order passed by the defendant - Corporation dated 28.05.2001 and subsequent termination order passed on 21.07.2004 with a further direction to defendant to restore back the dealership of plaintiff and to declare the said termination as null and void. By judgment and decree passed in O.S. No. 1223/2010 dated 20.06.2011 suit came to be dismissed. Being aggrieved by the same, an appeal was filed in RFA No. 1210/2011 whereunder, appeal came to be allowed and the judgment of the Trial Court came to be set -aside by remanding the matter to the Trial Court for disposal in accordance with law. Against the judgment passed by the appellate Court, defendant -Corporation filed an appeal before the Hon'ble Apex Court in Civil Appeal No. 8985/2012 which came to be allowed by order dated 12.12.2012 by setting -aside the judgment and decree passed by this Court and remanding the matter back to this Court for fresh consideration.