Indian Oil Limited vs 1 a Kiran Mayur Daftary — Bombay HC (2025) — LawSathi Research

Indian Oil Limited vs 1 a Kiran Mayur Daftary — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No final relief; procedural directions only — reply and rejoinder timelines fixed with no further adjournment time, Interim Application listed for hearing on 9th October 2025, and trial-progress directions for the Suit including marking of Plaintiffs' documents on 6th November 2025.

Issue for consideration

Whether the leave granted under Clause XII of the Letters Patent Act vide order dated 18th January 2000 should be revoked. +1 more

Ratio / Principle

No further time would be granted for settlement-based adjournments: reply to the Interim Application to be filed within two weeks with copy to the other side, and rejoinder two weeks thereafter.

Key takeaways

Settlement talks pressed since at least 15th December 2022 produced no progress in the Suit of the year 2000; if the matter had to be settled, it would have settled by now, and the delay affecting the Court's pendency cannot continue.ratio¶5
Directions to advance the Suit of 2000: Plaintiffs to file affidavit of examination-in-chief of the Plaintiffs' witness with duly indexed and paginated compilation of documents and list of Plaintiffs' witnesses within four weeks; discovery and inspection within two weeks thereafter; Defendant to file statement of admission and denial within two weeks thereafter; Plaintiffs' documents to be marked on 6th November 2025 and Plaintiffs' witness to remain present in Court on the next date.ratio¶8

Detailed headnote1 paragraphs

Bombay High Court (Abhay Ahuja, J.), order dated 04-09-2025, in Interim Application No. 2737 of 2025 in Suit No. 665 of 2000: Indian Oil Corporation Limited, Defendant in the 2000 Suit, seeks revocation of the leave granted under Clause XII of the Letters Patent Act vide order dated 18th January 2000. Observing that time had been sought on the ground of ongoing settlement talks on several dates over at least two years (since 15th December 2022) with no progress in the Suit of the year 2000, the Court held that this cannot go on: reply to the application within two weeks, rejoinder two weeks thereafter, and no further time 'under any circumstances whatsoever'; the application is listed for hearing on 9th October 2025. Trial directions followed: Plaintiffs' affidavit of examination-in-chief with indexed, paginated compilation and list of witnesses within four weeks; discovery and inspection; Defendant's statement of admission and denial; marking of Plaintiffs' documents on 6th November 2025; Plaintiffs' witness to remain present in Court. Liberty to settle amicably is preserved, 'not at the cost of pendency of the Suit'.

27-IA-2737-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY AND ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION NO. 2737 OF 2025 IN

SUIT NO. 665 OF 2000

INDIAN OIL CORPORATION LIMITED )…APPLICANT IN THE MATTER BETWEEN NIRMALABEN V. THAKKAR (since deceased) ) KIRAN MAYUR DAFTARY AND OTHERS )...PLAINTIFFS

V/s.

INDIAN OIL CORPORATION LIMITED )…DEFENDANT

Mr.Shrikant Seegarla a/w. Mr.Swapnil Shikhaze i/by RMG Law Associates, Advocate for the Applicant / Defendant.

Mr.Vaibhav Gaikwad i/by V and M Legal, Advocate for the Plaintiffs.

CORAM : ABHAY AHUJA, J. DATE : 4^th SEPTEMBER 2025

P.C. :

This Interim Application seeks revocation of leave granted under

Clause XII of the Letters Patent Act vide order dated 18^th January 2000.

Mr.Vaibhav Gaikwad, learned Counsel, appears for the Plaintiffs

and once again submits that the talks for settling the dispute are going on and the matter be adjourned.

ARTI VILAS KHATATE

Digitally signed by ARTI VILAS KHATATE Date: 2025.09.04 17:42:34 +0530

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27-IA-2737-2025.doc

On a query from this Court whether any reply has been filed, Mr.Gaikwad submits that some time be granted.

When this Court has enquired from the learned Counsel for the Defendant as to whether written statement has been filed, Mr.Shrikant Seegarla, learned Counsel for the Defendant, submits that written statement has been filed and issues have also been framed, however, since the matter is going to be settled, no evidence has been filed till date.

A perusal of the orders on record of this Court indicates that since 15^th December 2022, on 6^th March 2023, 20^th March 2023, 17^th April 2023, 8^th June 2023, 26^th July 2024, 6^th December 2024, 21^st April 2025, 16^th June 2025 and on 22^nd August 2025, time had been sought on the ground that settlement talks are going on. In my view, if the matter had to be settled, it would have settled by now. As can be seen, on several dates for atleast over two years time had been sought on this ground and no progress has been made in the Suit of the year 2000 which is reflecting on the pendency status of this Court. In my view, this cannot go on.

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27-IA-2737-2025.doc

Accordingly, as far as the Interim Application is concerned, let reply be filed within a period of two weeks with a copy to the other side. Rejoinder in two weeks thereafter, with a copy to the other side. No further time would be granted under any circumstances whatsoever.

List the Interim Application for hearing on 9^th October 2025 .

As far as the Suit is concerned, let the Plaintiffs within a period of four weeks file an affidavit of examination-in-chief of the Plaintiffs’ witness along with affidavit and compilation of documents duly indexed and paginated and serve the same upon the Defendant alongwith list of Plaintiffs’ witnesses.

Discovery and inspection to be completed within a period of two weeks thereafter.

Defendant to file statement of admission and denial within a

period of two weeks thereafter with a copy to the other side.

List for marking of Plaintiffs’ documents on 6^th November 2025 .

Let the Plaintiffs’ witness remain present in Court on the next date.

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27-IA-2737-2025.doc

It goes without saying that the parties are always at liberty to

arrive at an amicable settlement, however, not at the cost of pendency of the Suit like this.

(ABHAY AHUJA, J.)

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