Maharashtra State Electricity Distribution Company Ltd., v. M/S. Saraswati Processors And ORS

9 cac40-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.40 OF 2016 IN CIVIL REVISION APPLICATION NO.25 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mrs.A.R.S.Baxi for the applicant CORAM : K. K. TATED, J.

DATE : JULY 25, 2016 P.C.:

Heard the learned counsel for the applicant.

Advocate for the applicant filed affidavit of service dated 5.7.2016 stating that all the respondents are duly served. Statement is accepted.

This application is for bringing legal heirs on record of deceased respondent no.2, Dynanoba Basappa Dattawade.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for following order:

A) Delay in preferring Civil Application is Mohite 1/2

9 cac40-16 condoned.

B) Abatement is set aside.

C) Applicant is permitted to bring legal heirs on record of deceased respondent no.2 in Civil Revision Application No.25 of 2015 within four weeks from today, failing which Civil Application shall stand dismissed without referring back to the court.

D) If amendment is carried out within stipulated time as stated hereinabove, office is directed to issue notice to the added respondent in Civil Revision Application No.25 of 2015, returnable after 8 weeks.

E) In addition to usual mode of service, Applicant is permitted to serve the added Respondents in Civil Revision Application along with entire proceedings by private notice either by registered post A.D. and/or by hand delivery and file Affidavit of Service to that effect.

F) Civil application stands disposed off accordingly.

JUDGE Mohite 2/2