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Bombay High CourtIA/2092/2020disposed off

Sambhaji Sahebrao Bhosale v. Kirloskar Oil Engines Ltd. And ANR.

2022-06-28Hon'Ble Shri Justice G.S. Patel,Hon'Ble Shri Justice Madhav J. Jamdar3 pages

Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2092 OF 2020 IN LETTER PATENT APPEAL NO. 151 OF 2009 IN WRIT PETITION NO. 1727 of 2007 Sambhaji Sahebrao Bhosale & Ors ...Applicants In the matter between Dhanraj R Mahale & Ors ...Appellants

Versus

Kirloskar Oil Engines Ltd & Anr

...Respondents

WITH INTERIM APPLICATION NO. 3643 OF 2019 IN LETTER PATENT APPEAL NO. 151 OF 2009 IN WRIT PETITION NO. 1727 of 2007 ARUN RAMCHNDRA SANKPAL ARUN RAMCHNDRA SANKPAL Date: 2022.06.28 18:17:18 +0530 Dhanraj R Mahale & Ors ...Applicants In the matter between Dhanraj R Mahale & Ors ...Appellants

Versus

Kirloskar Oil Engines Ltd & Anr

...Respondents

WITH INTERIM APPLICATION (ST) NO. 7226 OF 2022 (NOT ON BOARD) IN

LETTER PATENT APPEAL NO. 151 OF 2009 IN WRIT PETITION NO. 1727 of 2007 Alkabai Sambhaji Bhosle & Ors ...Applicants In the matter between Dhanraj R Mahale & Ors ...Appellants

Versus

Kirloskar Oil Engines Ltd & Anr

...Respondents

Mr Devmani J Shukla, for the Applicants in all IAs. Mr Anand Pai, with Vipul Patel, i/b Haresh Mehta & Co, for the Respondents.

CORAM

G.S. Patel & V. G. Bisht, JJ.

DATED:

PC:- INTERIM APPLICATION NO. 2092 OF 2020 IN LETTER PATENT APPEAL NO. 151 OF 2009 IN WRIT PETITION NO. 1727 OF 2007:

1.

The Interim Application seeks restoration of the Letters Patent Appeal No. 151 of 2009 that was dismissed for default on 27th November 2019. There is no delay.

2.

The Respondents are represented. The Interim Application sets out in paragraphs 3 and 4 the reasons why, due to an inadvertent oversight, the Applicant's Advocate missed the matter on board.

The Interim Application is made absolute in terms of prayer clause (a). Letters Patent Appeal No. 151 of 2009 is restored to file. 3.

The Interim Application is disposed of in these terms. 4.

In view of this, Interim Application No. 3643 of 2019 does not survive and is disposed of accordingly.

INTERIM APPLICATION (ST) NO. 7226 OF 2022 IN LETTER PATENT APPEAL NO. 151 OF 2009 IN WRIT PETITION NO. 1727 OF 2007:

5.

Mentioned. Not on board. Taken on board.

6.

The Interim Application seeks to bring on record the heirs and legal representatives of the 2nd Appellant. 7.

The Interim Application is made absolute. Amendments are to be carried out within two weeks from today without need of reverification. A copy of the amended copy will be served on the Advocates for the Respondents.

8.

The Interim Application is disposed of in these terms. (V. G. Bisht, J) (G. S. Patel, J)