Asmi Metal Products Pvt. Ltd. v. M/S. I.S.M.T. Limited

WP13078_16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13078 OF 2016 Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Mr. Venkatesh A. Shastry for Petitioner.

CORAM : R. G. KETKAR, J.

DATE : 08TH DECEMBER, 2016 P.C.:

Not on Board. At the request of Mr. Shastry, learned Counsel for petitioner, taken up in the production Board.

2.

Mr. Shastry invited my attention to the order dated 05.12.2016. By that order, petitioner was permitted to withdraw the Writ Petition with liberty to file application under Order 37, Rule 4 of C.P.C. He submits that petitioner also seeks liberty to file review petition, if so advised.

3.

In view thereof, following sentence shall be added at the end of paragraph 3 of the order dated 05.12.2016" "Petitioner is also at liberty to file review petition seeking review of the judgment and decree dated 18.6.2014 in Special Summary Suit No.56/2012, if so 1/2

WP13078_16.doc advised."

4.

In view thereof, in paragraph 4, the sentence - "All contentions of the respondents, including maintainability of such application, are expressly kept open." shall stand substituted by the following sentence:

"All contentions of the respondents, including maintainability of such application / review petition, are expressly kept open."

5.

Original order stands corrected accordingly. Rest of the order remains as it is.

(R. G. KETKAR, J.) Minal Parab 2/2