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Vasantrai Harilal Gohil And Anr vs Irb Infrastructure Developers Ltd. And ... on 9 June, 2022

Author: M.G. Sewlikar

Bench: G.S. Patel, M.G. Sewlikar

                                                                            42-ASFA-187-2021.DOC




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         Date:
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         2022.06.10

                                         CIVIL APPELLATE JURISDICTION
         18:31:46
         +0530



                                          FIRST APPEAL NO. 187 OF 2021


                      Vasantrai Harilal Gohil & Anr                                ...Appellants
                            Versus
                      IRB Infrastructure Developers Ltd & ORs                     ...Respondents


                      Mr Piyush Raheja, a/w Dimple Vora, i/b Markand Gandhi & Co for
                            the Appellants.
                      Ms Gulnar Mistry, a/w Mohanish Patkar and Ayush Khandelwal, i/
                            b TRD Associates, for Respondent No. 1.
                      Mr Uzair Kazi, a/w Dhanashree Hoblikar, i/b YMK Legal, for
                            Respondent No. 17.


                                                CORAM        G.S. Patel &
                                                             M.G. Sewlikar, JJ.

                                                DATED:       9th June 2022
                      PC:-

1. This is one of a batch of three First Appeals directed against an order and judgment dated 9th July 2019 passed by the Civil Judge, Senior Division, Vasai, District Thane.

2. The appellants in all these cases are defendants. The Respondents are original Plaintifs. The suit was fled for damages and compensation on account of an incident that took place at a Toll Page 1 of 3 9th June 2022 42-ASFA-187-2021.DOC Naka. The companion First Appeals are 4661 of 2019 and 25191 of 2019.

3. In First Appeal No. 25191 of 2019, the previous Bench has called for R & P and dispensed with printing of the paper book. In all appeals printing is dispensed with.

4. We modify the previous order in regard to the R & P and substitute it with following order.

5. As regards the Record and Proceedings of the lower court in each admitted First Appeal, while these are formally called for, we request the Registry to ask the lower court's registry to transmit electronically a soft copy in in PDF format.

6. The entire record should be serially paginated so that the PDF page numbers correspond to the physical page numbers (which means that every page, including index pages and cover sheets will bear running page numbers).

7. Mr YA Goswami, CPC of this Court, is requested to coordinate. A copy of this order is to be sent to him. The Roznama of the lower Court needs to be separately digitized and compiled. All previous orders of this Court in the First Appeals are also to be separately digitized and compiled.

8. All Advocates are entitled to a soft copy of the R & P, if they so wish.

9th June 2022 42-ASFA-187-2021.DOC

9. As regards hard or soft copies for the Bench, the necessary instructions will be issued at a later date.

10. Mr Goswami is requested to expedite the process since the original plaintifs have sufered physical harm.

11. For the present we list all three matters for directions on 6th July 2022. On that day we will give a fx date for fnal disposal of the Appeals.

12. By consent, First appeal No.103/2022 is taken on board though not on board. This appeal is also admitted. The same order is made in this matter also.

(M.G. Sewlikar, J)                                    (G. S. Patel, J)




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