Maharashtra State Electricity Distribution Company Ltd v. M/S. New Bombay Earth Movers Pvt. Ltd. And ORS

CAL. 5-16 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 5 OF 2016 IN LETTERS PATENT APPEAL No. 326 OF 2013 IN WRIT PETITION No. 1061 OF 2012 Maharashtra State Electricity ...

Applicants Distribution Company Ltd.

Appellants / Petitioners Vs.

New Bombay Earth Movers Pvt. Ltd. & Anr.

...

Respondents *** Mr. Pushkar Mishra i/b M. V. Kini & Co. for the Applicants / Appellants Petitioners.

Mr. Dhananjay B. Deshmukh, for the Respondents. *** CORAM : V. M. KANADE, & M. S. KARNIK, JJ.

DATE : MARCH 28, 2016 PC.

1.

For the reasons stated in the civil application, delay of 349 days caused in taking out the present civil application is condoned, despite vehement opposition by the learned counsel appearing for the Respondents.

1 / 2

CAL. 5-16 2.

Letters patent appeal was dismissed for want of prosecution on account of a conditional order dated 17.2.2015 passed by the Registrar (Judicial-II). The only objection was "non-payment" of Bhatta charges". The said order dated 17.2.2015 is recalled and the Letters Patent Appeal No. 326 of 2013 is restored to the file. Civil application is accordingly allowed and disposed of in terms of prayer clauses (b) and (a).

3.

Heard the learned counsel appearing for the Appellants. We are not inclined to interfere with the impugned order dated 6.3.2012 passed by the learned Single Judge. Hence, letters patent appeal is dismissed.

Sd/- Sd/- [M. S. KARNIK, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2