O And M Services Company v. Ms Surface Tech India Pvt Ltd

292.24-mca.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 292 OF 2024 M/s. O and M Services Company & Anr.

.. Applicants Vs.

M/s Surface Tech (India) Pvt. Ltd.

.. Respondent ...

Mr. Ramesh Dube Patil, Advocate for the Applicants Mr. Suresh Rao- Applicant No.2 present in-person. CORAM : SHREE CHANDRASHEKHAR, CJ DATE : 16th DECEMBER 2025 (In Chamber at 3:00 pm) P.C. :

Later on at 3:00 pm.

2.

Mr. Ramesh Dube Patil, the learned counsel for the appellants appears and submits that the proprietor of the appellant-Company is aged about 73 years and in the last 10 years he has been drained out financially, he suffered loss of Rs.1,08,38,741.10 in sub-contract of RMC work and his counter claim has been rejected. 2.

In a petition for transfer, these are not the considerations and this Court finds no ground to transfer the proceedings of First Appeal No.10 of 2014 to the principal seat at Mumbai of High Court of Bombay. However, having regard to the pendency of First Appeal No.10 of 2014 for the last 11 years, this Court expects that the said First Appeal shall be heard and finally decided by the end of February 2026.

3.

At the request of the learned counsel for the appellants, First Appeal No.10 of 2014 shall be listed for final hearing on 6th January 2026.

4.

Misc. Civil Application No.292 of 2024 is disposed of. Digitally signed by JAYANT VISHWANATH SALUNKE Date:

2025.12.20 16:46:07 +0530 JAYANT VISHWANATH SALUNKE [CHIEF JUSTICE] bgp Page | 1