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2025 DAILYLAW 48620 (KAR)

MR C N MADHUSUDAN v. BHARAT PETROLEUM CORPORATION LIMITED

WP/20638/2024 · 2025-09-22

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38141 WP No. 20638 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 20638 OF 2024 (GM-RES) BETWEEN: MR C N MADHUSUDAN S/O LATE MR. C N NARASIMHA MURTHY AGED ABOUT 64 YEARS NO. R/A T NO. 15/1, LAKSHMI ROAD 4TH A CROSS, SHANTINAGAR BENGALURU 560 027 …PETITIONER (BY SMT. MONIKA JULIET R, ADVOCATE FOR SRI. MANIK B T., ADVOCATE) AND: 1. BHARAT PETROLEUM CORPORATION LIMITED DU PARC TRINITY, 7TH FLOOR 17, M G ROAD BENGALURU 560 001 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38141 WP No. 20638 of 2024 REPRESENTED BY ITS REGIONAL HEAD 2. JOINT CHIEF CONTROLLER OF EXPLOSIVES MINISTRY OF COMMERCE AND INDUSTRY PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION (PESO) (FORMERLY DEPARTMENT OF EXPLOSIVES) A AND D WING, BLOCK 1-8 SECOND FLOOR, SHASHTRI BHAVAN 26, HADDOWS RD, SUBBA ROAD AVENUE NUNGAMBAKKAM, CHENNAI TAMIL NADU 600006 INDIA. …RESPONDENTS (BY SRI. KUMAR N J., ADVOCATE FOR R1 SRI. UNNIKRISHNAN M., CGC FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 TO QUIT AND DELIVER VACCANT POSSESSION OF THE SCHEDULE PROPERTY TO THE PETITIONER FOTHWITH AND DIRECT R-2 TO FORTHWITH CANCEL THE LICENSE ISSUED TO R-1 EXERCISING POWER UNDER SECTION 152 OF THE PETROLEUM RULES 2002 OR PREVENT R-1 FROM CARRYING ON THE BUSINESS OF STORING / SELLING - 3 - HC-KAR NC: 2025:KHC:38141 WP No. 20638 of 2024 PETROLEUM AND PETROLEUM PRODUCTS IN OR FROM THE SCHEDULE PROPERTY AND DIRECT R-1 TO PAY TO THE PETITIONER DAMAGES FOR THE WRONGFUL USE AND OCCUPATION OF THE SCHEDULE PROPERTY AT THE RATE OF RS. 10,00,000/- (RUPEES TEN LAKHS ONLY) PER MONTH FROM 01.06.2021 UP TO THE DATE OF DELIVERY OF VACANT POSSESSION OF THE SCHEDULE PROPERTY TO THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The learned counsels for the parties have filed a memo which reads as under: "1. It is submitted that the parties have mutually settled the dispute before the Mediator Ms. Laila Ollepalli and entered into memorandum of terms of settlement dated 28.08.2025. Copy of the Memorandum of Terms is produced herewith as Annexure-A. - 4 - HC-KAR NC: 2025:KHC:38141 WP No. 20638 of 2024 2. It is submitted that as per the Memorandum of terms the Respondent No.1 has agreed to pay lumpsum compensation of Rs.1,08,00,000/- (Rupees One Crore and Eight Lakhs only). Out of the said sum of Rs. 1,08,00,000 (Rupees One Crore and Eight Lakhs only), the sum of Rs. 2,69,500/- already paid between 1.6.2021 and 30.6.2025 will be adjusted. The balance of Rs. 1,05,30,500/- shall be paid by the Respondent No.1 to the Petitioner within 60 days from the date of the order of this honourable court, failing which the Respondent No.1 shall be liable to pay interest at the rate of 12% per annum up to the date of payment. 3. It is agreed between the parties that Memorandum of terms will be treated as undertaking to the court and the Petitioner shall not press the prayer of Mesne Profit and Cost made in this writ petition and all dispute between the parties is settled between the parties. 4. It is submitted that the parties have agreed to file the Memorandum of terms before this Honourable court and obtain an appropriate order." - 5 - HC-KAR NC: 2025:KHC:38141 WP No. 20638 of 2024 The petition stands disposed of in the afore terms directing the first respondent to pay a sum of Rs.1,05,30,500/- by 24.11.2025 subject to terms as agreed. Sd/- (B M SHYAM PRASAD) JUDGE NV List No.: 3 Sl No.: 11