The Superintending Engineer and Anr. Vs Mahalakshmi Infraprojects Ltd. and Ors. — Bombay HC (2024) — LawSathi Research

The Superintending Engineer and Anr. Vs Mahalakshmi Infraprojects Ltd. and Ors. — Bombay HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application No. 14159 of 2024 allowed in terms of prayer clauses (a) and (b), i.e., recall of the order dated 8th December, 2023 dismissing First Appeal No. 1462 of 2013 for default and restoration of the First Appeal to file; application disposed of; no order as to costs; leave earlier granted to delete prayer clause (c)

Issue for consideration

Whether sufficient cause is made out to condone the delay and recall the order dated 8th December, 2023 dismissing First Appeal No. 1462 of 2013 for default, and to restore the First Appeal to file.

Ratio / Principle

Having heard the parties and perused the Interim Application, the Court is satisfied that sufficient cause is made out not only for condoning the delay but also for recalling the order dated 8th December, 2023.

Key takeaways

The Interim Application is allowed in terms of prayer clauses (a) and (b) and disposed of accordingly; there shall be no order as to costs.ratio¶25
Leave is granted to delete prayer clause (c) of the Interim Application, with the amendment to be carried out forthwith before the Associate/Court Sheristedar and re-verification dispensed with.¶16

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Coram: B.P. Colabawalla & Somasekhar Sundaresan, JJ. By order dated October 23, 2024 in Interim Application No. 14159 of 2024 in First Appeal No. 1462 of 2013, the Court recalled its order dated 8th December, 2023 whereby the First Appeal had been dismissed for default, and restored the appeal to file. At the outset, leave was granted to the Applicants/Appellants (The Superintending Engineer & Anr.) to delete prayer clause (c) of the application, the amendment to be carried out forthwith before the Associate/Court Sheristedar and re-verification dispensed with. Respondent No.1 (Mahalakshmi Infraprojects Ltd.) vehemently opposed the restoration. On hearing the parties and perusing the application, the Court found sufficient cause made out both for condoning the delay and for recalling the order dated 8th December, 2023, allowed the Interim Application in terms of prayer clauses (a) and (b), disposed of it accordingly, and made no order as to costs. The Court directed that the order be digitally signed by the Private Secretary/Personal Assistant and that all concerned act on production by fax or email of a digitally signed copy.

5.IA.14159.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO.14159 OF 2024

IN

FIRST APPEAL NO.1462 OF 2013

The Superintending Engineer & Anr. …Applicants/Appellants

Versus

Mahalakshmi Infraprojects Ltd. & Ors. …Respondents

Mr. Sachin Gite, Advocate for Applicants/Appellants.

Mr. Akshay P. Kulkarni i/b. Mr. Ashutosh M. Kulkarni, Advocates for Respondent No.1.

Mr. A.R. Patil, Addl.G.P for State.

CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : OCTOBER 23, 2024

P. C.

At the outset, the Learned Counsel appearing on behalf of the Applicants/Appellants sought leave to delete prayer clause (c) in the above Interim Application. Leave is granted. The amendment shall be carried out forthwith in front of the Associate/Court Sheristedar. Re-verification is dispensed with.

Page 1 of 2 October 23, 2024

Digitally signed AARTI by AARTIGAJANAN GAJANANPALKAR PALKARDate:2024.10.25 11:47:56 +0530

Aarti Palkar

5.IA.14159.2024.doc

The above Interim Application is filed to recall the order dated 8^th December, 2023 under which the above First Appeal was dismissed for default and to restore the above First Appeal to file.

The Learned Counsel appearing on behalf of Respondent No.1 vehemently opposed the aforesaid restoration.

Having heard the Learned Counsel for the parties, and after perusing the above Interim Application, we are satisfied that sufficient cause is made out not only for condoning the delay, but also for recalling the Order dated 8^th December, 2023.

In these circumstances, the above Interim Application is allowed in terms of prayer clauses (a) and (b). The Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs.

This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

[SOMASEKHAR SUNDARESAN, J.] [B.P. COLABAWALLA, J.]

Page 2 of 2 October 23, 2024

Aarti Palkar