1 caf3888-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 3888 OF 2011 IN FIRST APPEAL NO. 1604 OF 2008 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Mr. R. N. Sanghavi for the applicants. Ms. Poonam Mital for respondent No.1. ..... CORAM : A.S.OKA, J. DATE : SEPTEMBER 22, 2011. P.C.: The prayer in this application made by the original claimant is for dismissal of the Appeal on the ground that the first respondent -appellant had not obtained a leave under Section 170 of the Motor Vehicles Act, 1988. Perusal of the Judgment and in particular paragraph 4 thereof shows that a defence under Section 149(2) of the said Act was raised. Hence, even in absence of leave under Section 170 of the said Act, Appeal is maintainable. 2 caf3888-11 Appeal has already been admitted. Hence, the Appeal cannot be dismissed. Application is rejected. 2. Civil Application No.881 of 2010 does not survive and the same is disposed of. (A.S.OKA, J.)