1 49cra641­11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL REVISION APPLICATION NO. 641 OF 2011 Khadi & Village Industries Commission .. Applicant V/s. Smt. Saraswati Ramkrishna Dalmia & Ors. .. Respondents ..... Mr. A. R. Patil and Mrs. Prabha U. Badadare for the applicant. Mr. Rafiq Dada, senior counsel with Mrs. Ranjana Parikh i/b. M/s. Negandhi, Shah and Himayatulla for the respondents. ..... CORAM : A.S.OKA, J. DATE : DECEMBER 22, 2011. P.C.: Heard the learned counsel appearing for the revision applicant and the learned senior counsel appearing for the respondents. The learned senior counsel appearing for the respondents states that the respondents are in position to produce the original Power of Attorney to which a reference has been made in paragraph Nos.20 and 21 of the Judgment of the Appellate Court. He states that by setting aside the impugned Judgment and decree of the Appellate Court, the Appeal be remitted to the Appeal Bench of the Court of Small Causes to enable the respondents to take out an application for leading additional evidence for producing and proving the original Power of Attorney. 2 49cra641­11 2. The request made by the respondents deserves to be accepted and an opportunity deserves to be granted to the respondents to make a necessary application before the Appellate Court. 3. Hence, I pass the following order: :: O R D E R :: i. The impugned Judgment and decree dated 16th July, 2011 passed by the Appeal Bench of the Small Causes Court is quashed and set aside and the Appeal No.15 of 2011 is remanded to the Appeal Bench of the Court of the Small Causes. Interim relief operating during the pendency of the Appeal is also restored. ii. It will be open for the respondents to make an application to the Appellate Court for seeking permission to lead additional evidence. It is made clear that all contentions of the parties on merits of such application are expressly kept open. iii. The Appeal shall be decided afresh as expeditiously as possible and preferably on or before 30th April, 2012. 3 49cra641­11 iv. The Revision Application is partly allowed on the above terms with no order as to costs. (A.S.OKA, J.)