1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2128 of 2010 IN FIRST APPEAL (ST) 19516 of 2009 Patheja Brothers Unsecured Creditors Trust. ....Applicant Vs. Sunetra Dinkar Kale & anr. ....Respondents Mr. Bimal N. Bhabde for the applicant. Mr. Balasaheb Deshmukh, advocate for respondent no.1. CORAM:- A.M.KHANWILKAR AND A.A.SAYED, JJ DATED:- JUNE 21, 2010 P.C. For the reasons mentioned in the Application being sufficient cause which have remained uncontroverted, in the interest of justice, Application is allowed in terms of prayer clauses (b) to (e). Amendment in terms of this order be carried out within two weeks from today, failing which the indulgence shown to the Applicant shall stand recalled and the office shall treat the Application having been dismissed for non-prosecution in terms of this order without further reference to the Court. 2 2. Fresh notice in appeal be issued to the newly added Respondents, returnable on 19th July, 2010. 3. In addition, Petitioner to serve the Respondents by Advocate’s notice either personally and/or by speed post/email/fax and file affidavit of service before the returnable date, failing which Appeal to stand dismissed for non- prosecution, without further reference to the Court. (A.A.SAYED, J) (A.M.KHANWILKAR, J)