Bhatt And Saldanha

Order - Status 6: Shephali IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL ST NO. 16008 OF 2014 The Board of Trustees of the Port of Bombay …Appellant Versus Madanlal Shah & Co & Anr …Respondents Mr UJ Makhija *, i/b Mulla & Mulla & Craigie Blunt & Caroe, for the Appellant.* Ms Naseem Sumnani *, for Respondent No. 2.* CORAM: G.S. PATEL, J DATED: 12th July 2017 PC:- 1. Admit. 2. The First Appeal will have to be allowed immediately. The Suit was of 1990. The Plaintiffs sought, by filing an application Exhibit-5, for an adjournment to find documents. The case itself was old and was taken to the City Civil Court from the Bombay High Court where it was originally filed upon a change in the limits of the pecuniary jurisdiction of Courts. The order said that the case was old. Sufficient chances had been given. The suit was dismissed. 3. This was unnecessary. An order of costs would have sufficed. A final opportunity could have been given, making it clear that in default the matter would be dismissed. None of this was done. 4. It is not possible to sustain the impugned order of 18th January 2014. It is set aside. Suit No. 109955 of 1990 (High Court Suit No. 2307 of 1990) is restored to file. 5. Mr Makhija on behalf of the original Plaintiffs states that the Plaintiffs will by 31st August 2017 file all their evidence and documents. They will not seek any adjournment. 6. The First Appeal is disposed of in these terms. There will be no order as to costs. (G. S. PATEL, J)

Order - Status 5: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO.2513 OF 2014 IN FIRST APPEAL ST. NO.16008 OF 2014 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders. Registrar's orders. – Shri U.J. Makhija along with Roshan Pinto i/by Mulla & Mulla & Craigie Blunt and Caroe for the Applicant. CORAM : A.S. OKA & A.P.BHANGALE, JJ DATED : 20TH MARCH 2015 P.C.: . Rule, returnable on 6th May 2015. In addition to the service through Court, private service is permitted. (A.P.BHANGALE, J) (A.S.OKA, J)

Order - Status 7: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2513 OF 2014 IN FIRST APPEAL ST. NO.16008 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the R.No.2 Present. CORAM : R.M. JOSHI, REGISTRAR (JUDL ­ II) Date : 06th May, 2015 Await Service for 6 weeks. sd/­ Registrar (Judl.­ II) dsm – R(J­II) – 06.05.15

Order - Status 9: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2513 OF 2014 IN FIRST APPEAL ST. NO.16008 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the Applicant Present. CORAM : R.M. JOSHI, REGISTRAR (JUDL ­ II) Date : 17th June, 2015 Re­issue Notice to Respondent No.1, returnable after 6 weeks. sd/­ Registrar (Judl.­ II) dsm – R(J­II) – 17.06.15

Order - Status 11: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2513 OF 2014 IN FIRST APPEAL ST. NO.16008 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the Appellant Present. Advocate for the Respondent Present. CORAM : R.M. JOSHI REGISTRAR (JUDL – II) Date : 29th July, 2015 Await Service for 4 weeks. 67 Registrar (Judl.­II) dsm ­ R(J­II) – 29.07.15

Order - Status 12: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2513 OF 2014 IN FIRST APPEAL ST. NO.16008 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the Appellant Present. Advocate for the Respondent No.2 Present. CORAM : R.M. JOSHI REGISTRAR (JUDL – II) Date : 26th August, 2015 S.O. to 4 weeks for taking steps as against unserved Respondent No.4. sd/­ Registrar (Judl.­II) dsm – R(J­II) – 26 .08.15

Order - Status 14: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2513 OF 2014 IN FIRST APPEAL ST. NO.16008 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the Petitioner Present. Advocate for the Respondent No.2 Present. CORAM : R.M. JOSHI REGISTRAR (JUDL – II) Date : 23rd September, 2015 Both Ld. Counsel submits that there is error in office remark about Respondent No.4 instead of Respondent No.1. Order dated 26/08/2015 corrected. S.O. to 4 weeks. sd/­ Registrar (Judl.­II) dsm – R(J­II) – 23.09.15

Order - Status 16: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2513 OF 2014 IN FIRST APPEAL ST. NO.16008 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the Appellant Present. Advocate for the Respondent No.2 Present. CORAM : R.M. JOSHI REGISTRAR (JUDL – II) Date : 21st October, 2015 S.O. to 4 weeks for taking steps as against unserved Respondent No.1. sd/­ Registrar (Judl.­II) dsm – R(J­II) – 21.10.15

Order - Status 18: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2513 OF 2014 IN FIRST APPEAL ST. NO.16008 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the Appellant Present. CORAM : R.M. JOSHI REGISTRAR (JUDL – II) Date : 19th January, 2016 Advocate for the Appellant makes statement that he has already filed Affidavit alongwith copies of Newspapers regarding service of Respondent No.1. Office to verify and matter to proceed. sd/­ Registrar (Judl.­II) dsm – R(J­II) – 19.01.16

Order - Status 22: Shephali IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2513 OF 2014 IN FIRST APPEAL ST NO. 16008 OF 2014 The Board of Trustees of the Port of Bombay …Applicant Versus Madanlal Shah & Co & Anr …Respondents Mr UJ Makhija *, i/b Mulla & Mulla & Craigie Blunt & Caroe, for the Appellant.* Ms Naseem Sumnani *, for Respondent No. 2.* CORAM: G.S. PATEL, J DATED: 12th July 2017 PC:- 1. There is a delay of 103 days in filing the First Appeal. The delay is sufficiently explained in the Civil Application. It is condoned. 2. The Civil Application is made absolute and disposed of accordingly. No costs. (G. S. PATEL, J) Page 1 of 1 12th July 2017