Maratha Cement Works, (Earlier Called As Gujarat Ambuja Cements Ltd), Chandrapur. v. Pandurang Jangu Madavi And 3 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.1261/2017 IN FIRST APPEAL NO.572/2015 Maratha Cement Works (earlier called as Gujarat Ambuja Cements Ltd.) Chandrapur ...Versus...

Pandurang Jangu Madavi and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - Shri Sumeet Mendiretta, Counsel for appellant Shri P.J. Mehta, Counsel for L.Rs. of respondent nos.1 to 3 Shri V.P. Maldhure, AGP for respondent no.4 CORAM : AVINASH G. GHAROTE, J.

DATE : 09/01/2020 This is an application filed by the applicant/appellant for condonation of delay in bringing the legal heirs of respondent no.1 on record and setting aside the order of abatement.

Shri Mehta, learned counsel appearing for the legal heirs of respondent nos.1 to 3 has no objection to the same.

For the reasons stated in the application and in view of the no objection given by the learned Counsel appearing for the legal heirs of respondent nos.1 to 3, the

delay in bringing the legal heirs of deceased respondent no.1 on record is condoned and the order of abatement is set aside.

The civil application stands disposed of accordingly. No order as to costs.

CIVIL APPLICATION (CAF) NO.1259/2017 This is an application filed by the applicant/appellant for bringing the legal heirs of deceased respondent no.1 on record and for addition of parties for representing respondent nos.2 and 3, who had expired during the pendency of proceedings before the Reference Court.

Shri Mehta, learned Counsel appearing for the legal heirs of respondent nos.1 to 3 has no objection to the same.

In that light of the matter, the civil application is allowed. The applicant/appellant to take steps to carry out the amendment.

The civil application stands disposed of accordingly. No order as to costs.

FIRST APPEAL NO.572/2015 Shri Mehta, learned Counsel makes a statement that he has instructions to waive service upon the legal heirs of respondent nos.1 to 3 on merit.

The statement is accepted and recorded.

Learned Counsel for the appellant is directed to file private paper-book within a period of two weeks. Learned Counsel for the appellant makes a statement that the present matter and the other 26 matters are arising out of the same notification.

List of other 26 matters be supplied so that they can be heard together and decided jointly.

Place this matter on 25/02/2020 for final disposal along with connected matters.

JUDGE Wadkar, P.S.