1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2003 OF 2009 Draupadabai Jagannath Bhosale ... Petitioner. Vs. Indian Oil Corporation Ltd. ... Respondents. Mr. A.V.Anturkar for the petitioner. Mr. G.S.Godbole i/by Dnyaneshwar Deshmukh & Dhanshri Patil for respondent No.3. Mr.Sunil Gunjan i/by R.M.G.Law Associates for Respondent No. 1. Mr. R.V.Govilkar with Mr. Y.R.Mishra for respondent No. 2. CORAM : SMT. RANJANA DESAI & A.A.SAYED, JJ. DATE : JULY 23, 2009. P.C. 1. In view of the fact that admittedly a Civil Suit is pending in the Civil Court at Satara, we are of the opinion that the present petition cannot be entertained. It will, however, be open to the petitioner to file counter-claim in the said suit or a separate suit, agitating his claim. 2. We make it clear that we have not expressed any opinion on the merits of the case; but looking to the nature of the rival contentions of the parties and the fact that both sides are raising a claim over the kerosene dealership, which was given to one Mansing, a disabled soldier and considering the fact that an old mother of a deceased soldier is concerned in this litigation, we strongly feel that it should 2 be settled. 3. Learned Counsel for the parties showed their willingness to try to settle the matter and meet for that purpose, without prejudice to their rights and contentions. 4. We note the submissions of Mr. Govilkar, learned Counsel for Government of India- respondent No.2, that no order passed by the Civil Court in the interse dispute between the parties will be binding on the Government of India because the Government of India is not a party to the suit. 5. In view of the above, the petition is rejected. [A.A.Sayed, J.] [SMT. RANJANA DESAI, J.]