Bombay High CourtMCA/686/2015disposed of

M/S Synergy Accumulators Pvt. Ltd. And ANR. v. Edc Ltd. And 5 ORS.,

2015-10-06Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 686 OF 2015 IN APPEAL FROM ORDER NO. 30 OF 2011 M/S SYNERGY ACCUMULATORS PVT. LTD.

AND ANR.

... Applicant

Versus

EDC LTD. AND 5 ORS., ... Respondents Mr. L. Raghunandan, Advocate for the Applicants. Mr. S.N. Joshi, Advocate for the Respondent No. 1. Coram:- C. V. BHADANG, J.

Date:- 6th October, 2015 P.C:

Heard Mr. Raghunandan, the learned Counsel for the applicants and Mr. Joshi, the learned Counsel for the respondent no. 1.

2. This is an application for recall of the order dated 03.09.2015 and restoration of the Appeal From Order No. 30/2011 to the file.

3. The learned Counsel for the applicants does not dispute that the appeal against order arose out of an interim order passed by the learned District Judge at Panaji in Civil Miscellaneous Application No. 124/2005. It is further undisputed that the main matter i.e. Civil Miscellaneous Application No. 124/2005 is already disposed on 25.03.2015. In that view of the matter, the appeal was disposed of as nothing would survive in the appeal. The learned Counsel for the

MCA/686/2015 applicants does not dispute this position. It is only submitted that the applicants could not remain present on 03.09.2015 when the appeal came to be dismissed for want of prosecution.

4. Be that as it may, the fact remains that in as much as the main matter is disposed of, nothing would survive in Appeal From Order No. 30/2011. In such circumstances, no case for recall/restoration is made out.

5. The Miscellaneous Civil Application is accordingly disposed of. C. V. BHADANG, J.