Madhusudan Brijlal Vakaria And ANR v. The Board Of Trustees Of The Port Of Bombay

CAL. 85-10 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 85 OF 2010 IN LETTERS PATENT APPEAL No. 9 OF 2010 IN WRIT PETITION No. 8303 OF 2008 Madhusudan Brijlal Vakharia & Anr.

...

Applicants Vs.

The Board of Trustees of the Port of Bombay ...

Respondents *** None for the Applicants.

Mr. Vishal Talsania i/b M/s. Motiwalla & Co., for the Respondents. *** CORAM : V. M. KANADE, & Smt. SWAPNA S. JOSHI, JJ.

DATE : SEPTEMBER 14, 2016 PC.

1.

None appears on behalf of the Applicants. Heard Mr. Talsania, learned counsel appearing on behalf of the Respondents. By this civil application, the Applicants are seeking recall of the judgment and order dated 5.2.2010 passed by this Court in the LPA. We have perused the said order. Letters Patent Appeal No. 9 of 2010 was 1 / 2

CAL. 85-10 disposed of on merits, viz. on the ground that LPA is not maintainable. In this civil application, it is stated that the Applicants' counsel was busy in some other Court, and therefore he was unable to attend the hearing of the LPA.

2.

In our view, this is not a sufficient ground for setting aside the order of dismissal of LPA on merits. Civil application is, therefore, dismissed.

Sd/- Sd/- [Smt. SWAPNA S. JOSHI, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2