This order restored a dismissed Letters Patent Appeal to file due to an advocate's oversight and accepted an application to add legal representatives of an appellant. Both interim applications were disposed of.
Letters Patent Appeal No. 151 of 2009 restored to file; Interim Application for heirs made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
11-ASIA-2092-2020 IN LPA-151-2009 WITH IA-3643-2019 IN LPA-151-2009.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2092 OF 2020
IN
LETTER PATENT APPEAL NO. 151 OF 2009
IN
WRIT PETITION NO. 1727 of 2007
Sambhaji Sahebrao Bhosale & Ors ...Applicants In the matter between Dhanraj R Mahale & Ors …Appellants Versus Kirloskar Oil Engines Ltd & Anr …Respondents
WITH
INTERIM APPLICATION NO. 3643 OF 2019 IN
LETTER PATENT APPEAL NO. 151 OF 2009
IN
ARUN RAMCHNDRA SANKPAL
Digitally signed by ARUN RAMCHNDRA SANKPAL Date: 2022.06.28 18:17:18 +0530
WRIT PETITION NO. 1727 of 2007
Dhanraj R Mahale & Ors ...Applicants In the matter between Dhanraj R Mahale & Ors …Appellants Versus Kirloskar Oil Engines Ltd & Anr …Respondents
WITH
INTERIM APPLICATION (ST) NO. 7226 OF 2022 (NOT ON BOARD) IN
Page 1 of 3 28th June 2022
11-ASIA-2092-2020 IN LPA-151-2009 WITH IA-3643-2019 IN LPA-151-2009.DOC
LETTER PATENT APPEAL NO. 151 OF 2009 IN
WRIT PETITION NO. 1727 of 2007
Alkabai Sambhaji Bhosle & Ors ...Applicants In the matter between Dhanraj R Mahale & Ors …Appellants Versus Kirloskar Oil Engines Ltd & Anr …Respondents
Mr Devmani J Shukla , for the Applicants in all IAs. Mr Anand Pai , with Vipul Patel, i/b Haresh Mehta & Co, for the Respondents.
CORAM G.S. Patel & V. G. Bisht, JJ. DATED: 28th June 2022
PC:-
INTERIM APPLICATION NO. 2092 OF 2020 IN LETTER PATENT APPEAL NO. 151 OF 2009 IN WRIT PETITION NO. 1727 OF 2007:
1. The Interim Application seeks restoration of the Letters Patent Appeal No. 151 of 2009 that was dismissed for default on 27th November 2019. There is no delay.
2. The Respondents are represented. The Interim Application sets out in paragraphs 3 and 4 the reasons why, due to an inadvertent oversight, the Applicant’s Advocate missed the matter on board.
Page 2 of 3 28th June 2022
11-ASIA-2092-2020 IN LPA-151-2009 WITH IA-3643-2019 IN LPA-151-2009.DOC
The Interim Application is made absolute in terms of prayer clause (a). Letters Patent Appeal No. 151 of 2009 is restored to file.
3. The Interim Application is disposed of in these terms.
4. In view of this, Interim Application No. 3643 of 2019 does not survive and is disposed of accordingly.
INTERIM APPLICATION (ST) NO. 7226 OF 2022 IN LETTER PATENT APPEAL NO. 151 OF 2009 IN WRIT PETITION NO. 1727 OF 2007:
5. Mentioned. Not on board. Taken on board.
6. The Interim Application seeks to bring on record the heirs and legal representatives of the 2nd Appellant.
7. The Interim Application is made absolute. Amendments are to be carried out within two weeks from today without need of reverification. A copy of the amended copy will be served on the Advocates for the Respondents.
8. The Interim Application is disposed of in these terms.
(G. S. Patel, J)
Page 3 of 3 28th June 2022
2 issues framed by the court
Whether to restore a Letters Patent Appeal dismissed for default.
Whether to amend party names to include legal representatives of an appellant.
Dhanraj R Mahale & Ors
Kirloskar Oil Engines Ltd & Anr
Arun Ramchandra Sankpal
Alkaibai Sambhaji Bhosle & Ors
G.S. Patel
V. G. Bisht
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
