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Bombay High CourtFA/753/2003dissmiss for defaultnonprosecution

Malegaon Co-Op.Spinning Mill Ltd. v. Manojkumar Kailashchand

2015-04-09Hon'Ble Shri Justice A.P. Bhangale,Hon'Ble Shri Justice A.S. Oka2 pages

ash fa-753n754.03 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.753 OF 2003 WITH FIRST APPEAL NO.754 OF 2003 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri Pankaj Pandey i/by Shri Anilkumar Patil for the Appellants. Shri S. Nagnadaria i/by M/s.Mehta & Co for the Respondents. -- CORAM :

A.S. OKA & A.P.BHANGALE, JJ DATED : 9TH APRIL 2015 P.C.:

.

The learned Advocate for the Appellants has placed on record a copy of the letter dated 18th March 2015 addressed by him to the Appellants along with the postal acknowledgement dated 23rd March 2015. The letter dated 18th March 2015 records that the Advocate wants to take discharge as the Appellants have not given any instructions. On 8th April 2015, a note has been filed by the Advocate for the Appellants for seeking discharge.

ash fa-753n754.03 2.

Accordingly, we grant discharge to the Advocate for the Appellants in both the Appeals. The letter sent by the Advocate for the Appellants to the Appellants by Registered Post Acknowledgement Due on 19th March 2015 has been duly served on the Appellants on 23rd March 2015. No other Advocate has been appointed by the Appellants in both the Appeals.

3.

Accordingly, we dismiss both the Appeals for non-prosecution. The Appellants will be entitled to refund of Court fees in accordance with the Rules. (A.P.BHANGALE, J) (A.S.OKA, J)