-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1010 OF 2008 APPLICATION NO.1010 OF 2008 APPLICATION NO.1010 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO.2652 OF 2007 APPEAL NO.2652 OF 2007 APPEAL NO.2652 OF 2007 Mohammed Khalid Khan ...Applicant vs. Municipal Corporation of Greater Bombay ...Respondent WITH WITH WITH CIVIL CIVIL CIVIL APPLICATION NO.744 OF 2008 APPLICATION NO.744 OF 2008 APPLICATION NO.744 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO.2652 OF 2007 APPEAL NO.2652 OF 2007 APPEAL NO.2652 OF 2007 Municipal Corporation of Greater Bombay ...Applicant vs. Mohammed Khalid Khan ...Respondent Ms Prachi Tatke h/f Mr.R.A.Thorat for the Applicant in C.A.NO.1010/2008 and for the Respondent No.744/2008 Mr.J.J.Xavier for B.M.C. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 20, 2008 : FEBRUARY 20, 2008 : FEBRUARY 20, 2008 P.C.: P.C.: P.C.: 1. These Applications have been made by the appellant and the Respondents in the First Appeal. The prayer in both the Applications is for recalling the Judgment and Order passed by this Court on 26th November 2007 in the First Appeal. The submission of both the Advocates is that when the First Appeal was heard on 26th November 2007, the Advocates for the parties were under an impression that the Appellant in the First Appeal viz. the Municipal Corporation of Mumbai has not filed -2- the written statement in the trial court. It is pointed out by the applications that in fact the written statement was filed. 2. In view of the aforesaid position, considering what is stated in paragraph 3 of the judgment and Order dated 26th November 2007, the said Judgment and Order deserves to be recalled. 3. Accordingly, Applications are disposed of by passing the following order : i) The Judgment and Order dated 26th November 2007 in First Appeal No.2652 of 2007 is recalled and the Appeal and the stay application are is restored to the file. JUDGE JUDGE JUDGE