Bombay High Court
Mahadeo Vitthal Koli vs Khandelwal Engineering Co.Ltd And 12 ... on 24 February, 2020
Author: Sarang V. Kotwal
Bench: K. K. Tated, Sarang V. Kotwal
1 513-appl-77-20
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL (L) NO. 77 OF 2020
IN
INTERIM APPLICATION NO. 01 OF 2020
IN
NOTICE OF MOTION (L) NO. 44 OF 2019
IN
SUIT NO. 929 OF 2013
Mahadeo Vitthal Koli ..Appellant
Versus
Khandelwal Engineering Co. Ltd. & Ors. ..Respondents
__________
Mr. Nilesh Ojha, Advocate a/w. Ms. Mansi, Mr. Vijay Kurle,
Mr. Mangesh Dongre, Shivam Mehra i/b. Abhishek Mishra a/
w. Ishwarlal Agarwal, for Appellant.
Mr. S. U. Kamdar, Sr. Advocate a/w. Mr. Yashesh Kamdar, Ms.
Ujjwala Deshmukh i/b. MDP & Partners, for Respondent
No.1.
Mr. Tanveer Nizam, for Respondent No.2.
Advocate Parto Sarkar, for Respondent No.4.
__________
CORAM : K. K. TATED &
SARANG V. KOTWAL, JJ.
DATED : 24th FEBRUARY, 2020.
PC :
1. Today the matter is shown on production board pursuant to the praecipe dated 21/02/2020 filed by the learned Advocate for the Appellant.
2. Heard the learned counsel for the parties.
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3. Learned Senior Counsel Mr. Kamdar submits that, he received instructions to appear on behalf of the Respondent Nos.1 & 2 - original plaintiffs.
4. The learned advocate appearing on behalf of the appellant submits that, by this appeal they are challenging the order dated 28/01/2020 passed by the learned single Judge in Interim Application No. 01 of 2020. He submits that, during the pendency of present appeal, the Suit No.929 of 2013 is already transferred to the other bench. Hence, at present, there is no urgency. The statement is accepted.
5. The learned senior counsel appearing on behalf of the Respondent Nos.1 & 2 submits that, they do not have any information about the transfer of the matter from one Judge to other Judge. Therefore, he is not accepting the statement.
6. Considering the submissions, following order is passed:
a) The Appellant to remove all office objections on or before 07/03/2020, failing which the Appeal shall stand dismissed without referring back to the court.
b) The Appellant to complete the service on other side along with entire proceeding either by RPAD and/or by hand delivery and to file an affidavit of service to that V.B.Gokhale 2 of 3 ::: Uploaded on - 02/03/2020 ::: Downloaded on - 11/06/2020 14:27:07 ::: 3 513-appl-77-20 effect, on or before 11/03/2020.
c) Liberty granted to the respondent to file their affidavit in reply, if any, on or before 15/03/2020, with copy to other side.
d) Matter to appear on board on
16/03/2020.
(SARANG V. KOTWAL, J.) (K.K.TATED, J.)
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