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2022 Supreme(All) 1400

MANOJ MISRA, VIKAS BUDHWAR
Atts Associates – Appellant
Versus
Bharat Petroleum Corporation Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Udit Chandra
For the Respondent: Puneet Agarwal

JUDGMENT :

1. We have heard Sri Udit Chandra for the petitioner and Sri Puneet Agarwal for the respondents 1 to 5.

2. At the outset, the learned counsel for the petitioner invited our attention to paragraph no.1 of the writ petition to indicate that first petition on the present cause of action was withdrawn with liberty to file a fresh petition therefore, the second petition is maintainable. It be observed that the first petition i.e. Writ C No. 34659 of 2021 was pending when this second petition was filed, however, by the time this second petition was filed, an application had already been filed to withdraw the previous petition and this fact was disclosed in this petition. In these circumstances, we deem it appropriate to address this petition on merit as any view to the contrary may render the petitioner remediless.

3. The relevant facts of the case are as follows: The petitioner is a firm engaged in the business of transportation of petroleum products. On an invite by Bharat Petroleu

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