HIGH COURT OF UTTARAKHAND AT NAINITAL Second Appeal No. 23 of 2021 Indian Oil Corporation Limited ..…Defendant/Appellant.

Versus Mamta Goel and others .…Plaintiff /Respondents Present :

Mr. V.K. Kohli, Senior Advocate assisted by Mr. Kanti Ram Sharma, Advocate for the appellant.

Dated: 23rd March, 2021

JUDGEMENT

Hon’ble Sharad Kumar Sharma, J.

This is a defendant’s Second Appeal, which has been preferred, being aggrieved against the judgment and decree dated 18.02.2021, as has been rendered by the Court of Additional District Judge, 3^rd, Dehradun, in Civil Appeal No. 31 of 2017, Indian Oil Corporation Limited Vs. Shri Pankaj Gupta and others, by virtue of which, the Appeal which was preferred by the defendant/appellant, was dismissed and, as a consequence thereto, it has affirmed the judgment and decree dated 31^st May, 2007, which was rendered by the Court of learned 2^nd Additional Civil Judge (Senior Division), Dehradun, in Suit No. 155 of 2000, Pankaj Gupta and others Vs.

I.B.P. Co. Ltd.

2. Brief facts of the case are, that the plaintiff/respondents, herein, on 4^th April, 2000, had instituted a Regular Civil Suit, before the Court of Civil Judge (Senior Division), Dehradun, praying for