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Bombay High CourtFA/491/2024dismissed for noncomplying conditional order

Bajaj Steel Indurstries Ltd. And ANR. v. The Board Of Trustees Of The Port Of Mumbai. And ORS.

2019-08-20Hon'Ble Shri Justice K.K. Tated2 pages

20. fast 7258.17.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL STAMP NO. 7258 OF 2017 Bajaj Steel Industries Ltd and anr.

.. Appellants Vs.

The Board of Trustees of the Port of Mumbai and ors.

.. Respondents Mr.Kapil Moye a/w Mr.S.R.Page, for the Appellants. Ms.Shruti Potnis a/w Ms.Lakshmi Bussa I/b M.V.Kini & Co., for Respondent No.1.

CORAM : K.K.TATED, J.

DATE : 20th AUGUST, 2019 P.C. :

.

Not on board. At the request of learned Counsel for the appellants, matter is taken up on board for urgent order. 2.

Heard learned Counsel for the parties.

3.

By this First Appeal, the appellants - original defendant No.1 is challenging the judgment and decree dated 23/12/2016 passed by Bombay City Civil Court at Greater Mumbai in S.C.Suit No. 8051 of 2001 (High Court Suit No. 4386 1/2

20. fast 7258.17.doc of 2001) holding that the respondent - original plaintiff is entitled a sum of Rs. 9,71,084.82/­ with interest @ 10% p.a. 5.

Considering the submissions made by learned Counsel for the appellants and impugned judgment and decree, I am satisfied that the appellant has made out a case for the following order.

O R D E R i) Admit.

ii) Printing is dispensed with.

iii) The appellants to file private paper­book within one year from today, failing which First Appeal shall stand dismissed without further reference to the Court. iv) Registry is directed to call R&P immediately. v) Advocate ­ Ms.Shruti Potnis waives service for respondent No.1.

(K.K.TATED, J.) 2/2