M/S Shri Metal Industries Solapur The Partnership Firm, Thr. Its Partner And ANR v. Maharashtra State Finance Corporation Pune And ORS

28 IA 10130.22 in SA 596.19.doc Dusane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.10130 OF 2022 IN SECOND APPEAL NO.596 OF 2019 M/s Shri. Metal Industries & Anr.

...Applicants BHALCHANDRA GOPAL DUSANE Vs.

BHALCHANDRA GOPAL DUSANE Date: 2023.02.06 19:43:42 +0530 Maharashtra State Finance

...Respondents

Corporation, Pune & Ors.

Mr. Surel S. Shah for Applicants.

Mr. Shrishail Sakhare for Respondent No. 3.

CORAM:

MADHAV J. JAMDAR, J.

DATE:

6th FEBRUARY, 2023 P.C.:

1.

By the present Interim Application, order dated 3rd February 2020 passed by learned Registrar (Judicial-II) is challenged.

2.

By the said order, conditional order was passed to take steps against unserved Respondent Nos. 1 and 4, failing which Second Appeal was directed to be dismissed against unserved Respondent Nos. 1 and 4.

3.

For the reasons set out in the Interim Application, the same is allowed in terms of prayer clause (b).

28 IA 10130.22 in SA 596.19.doc 4.

The Applicants to serve unserved Respondent Nos. 1 and 4 before the next date i.e. 13th March 2023 and file Affidavit of Service.

5.

The Interim Application is disposed of in above terms with no order as to costs.

(MADHAV J. JAMDAR, J.)