Bhagwan Dnyanu Thorat v. M/S B.G. Shirke Constructions Pvt. Ltd. Through Proprietor Vijay Baburao Shirke

13-IA-9455-2025 +.doc Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 9455 OF 2025 IN COMMERCIAL FIRST APPEAL NO. 2 OF 2022 WITH INTERIM APPLICATION NO. 9479 OF 2025 Bhagwan Dnyanu Thorat .. Applicant In the matter between:

Bhagwan Dnyanu Thorat .. Appellant

Versus

M/s. B. G. Shirke Constructions Pvt. Ltd. & Ors.

.. Respondents Ms. Ketki Gadkari a/w Pradeep Salgar for applicant. Adv. Vyoma Joshi i/by Crawford Bayley & Co. for respondent no.1.

by PRAVIN DASHARATH PANDIT Date:

2025.07.08 17:41:48 +0530 PRAVIN DASHARATH PANDIT

CORAM:

ALOK ARADHE, CJ. & SANDEEP V. MARNE, J.

DATE:

8th JULY, 2025 P.C.:

IA/9455/2025:

1.

For the reasons assigned in the Interim Application, duly supported by an affidavit, we find that sufficient ground is made out for condonation of delay in filing the application and to recall the order dated 25th October, 2024. Accordingly, delay in filing the present application is condoned and order dated 25th is recalled. The Commercial First Appeal No. 2 of 2022 is restored to file qua respondent no.2.

13-IA-9455-2025 +.doc 2.

Interim Application stands disposed of accordingly. COMFA/2/2022:

3.

Issue notice to respondent no.2, returnable on 26th August, 2025.

IA/9479/2025:

4.

This is an application seeking substitution of service upon the respondent no.2 by an advertisement in newspaper in local area of city of Pune.

5.

For the reasons assigned in the application, duly supported by an affidavit, the Interim Application is allowed. Let notice to respondent no.2 be published in the newspapers, namely, Times of India and Lokmat, published from Pune. Learned counsel for the applicant/appellant undertakes to submit copies of aforesaid newspapers to the Registry on or before the next date.

6.

Interim Application stands disposed of accordingly. (SANDEEP V. MARNE, J.) (CHIEF JUSTICE)