Bombay High CourtCAS/751/2016ca disposed off

Maharashtra State Road Transport Corporation, Nagpur Through Its Regional Manager v. M/S H. P. Industries, A Reg. Partnershiop Firm, Nagpur And 2 Others

2017-08-08Hon'Ble Shri Justice A.S. Chandurkar1 pages

1 808cas751.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (S) NO.751 OF 2016 IN SECOND APPEAL ST. NO.9818 OF 2016 MAHARASHTRA STATE ROAD TRANSPORT CORPORATION VS M/S H.P. INDUSTRIES AND OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V. H. Kedar, Advocate for the appellant. CORAM : A.S. CHANDURKAR, J.

DATED : AUGUST 08, 2017.

Prayer is to condone delay in filing the second appeal. The respondents are served but there is no appearance on their behalf. Hence, accepting the reasons mentioned in the application, the delay stands condoned.

Civil application is disposed of.

SECOND APPEAL ST. NO.9818 OF 2016.

Admit on the following substantial questions of law: (1) Whether the finding recorded by the appellate Court that the suit was barred by limitation is in accordance with law? (2) Whether the appellate Court was legally justified in considering the issue of limitation which was a mixed question of law and fact for the first time in appeal?

Hearing expedited.

JUDGE /MULEY/