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Bombay High CourtFA/7/2008dismissed for non prosecution

M/S. Grande Paroisse S. A. v. M/S. Zuari Industries Limited And ANR.,

2015-06-08Hon'Ble Shri Justice K. L. Wadane,F. M. Reis2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

FIRST APPEAL NO. 7 OF 2008 M/S. GRANDE PAROISSE S. A.

... Appellant

Versus

M/S. ZUARI INDUSTRIES LIMITED AND ANR., ... Respondents Mr. J. P. Supekar, holding for Mr. D. J. Pangam, Advocate for the respondent no.1.

M. A. D. Bhobe, Advocate for the respondent no.2 Coram:- F. M. REIS & K. L. WADANE, JJ.

Date:- 8th June, 2015 P.C.

As no one appears for the appellant, we called upon Shri A. D. Bhobe, who was appearing on behalf of the respondent no.2, to examine the records and address the Court.

2. It was brought to our notice that this appeal and First Appeal No.323/2007 were connected. In First Appeal No.323/2007, the respondent no.2 challenged the same judgment and decree passed by the learned Trial Judge dated 01/10/2007 in Special Civil Suit No.66/2000. First Appeal No.323/2007 came to be disposed of by an order dated 24/09/2009, on the basis of consent terms filed by all the parties in the above appeal.

FA/7/2008

3. Shri Supekar, the learned Counsel appearing for the respondent no.1 also points out that the dispute in the above appeal, does not survive in view of the consent terms filed in First Appeal No.323/2007.

4. Hence, the above appeal stands dismissed for non-prosecution. K. L. WADANE, J.

F. M. REIS, J.

SMA