: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.161 OF 2008 FIRST APPEAL NO.161 OF 2008 FIRST APPEAL NO.161 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.1 OF 2008 CIVIL APPLICATION NO.1 OF 2008 CIVIL APPLICATION NO.1 OF 2008 KSL and Industries Limited, . Office at 69, Dhanu Udyog Industrial . Estate, Piperia, Silvassa and . Corporate Office at Raghuvanshi . Mills Compound, 11/12, Senapati Bapat . Road, Lower Parel, Mumbai-400025. ...Appellant V/s. 1. Gotadaki & Company . 2. The Liquidator, Deputy Commissioner, . Kolhapur, representing The Deccan . Co-operative Spinning Mills Ltd., . Ichalkaranji 416117, Kolhapur ...Respondents Mr.Prateek Seksaria, Advocate, for the Appellant. Mr.P.D. Dalvi, Advocate, for Respondent No.1. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 5TH FEBRUARY, 2008. DATE : 5TH FEBRUARY, 2008. DATE : 5TH FEBRUARY, 2008. JUDGMENT: JUDGMENT: JUDGMENT: 1. Admit. Mr.Dalvi waives service for respondent No.1. Considering the controversy involved in the Appeal, service of notice to the 2nd respondent is dispensed with. 2. Mr.Dalvi appearing for the 1st respondent- decree holder submits that this Appeal need not be : 2 : kept pending and an order of remand may be passed by setting aside the impugned Order with a direction to the Trial Court to decide afresh the Application made by the appellant at Exhibit-19 under Rule 58 of Order 21 of the Code of Civil Procedure, 1908. He submits that the Trial Court be directed to decide the said Application after giving an opportunity to the parties to lead evidence. 3. Hence, I pass the following order:- "O R D E R" "O R D E R" "O R D E R" (a). The impugned Judgment and Order dated 23rd July, 2007 is quashed and set aside. (b). The Application at Exhibit-19 filed in Special Darkhast No.7 of 2006 is restored to the file. (c). Parties are directed to appear before the learned Trial Judge on 21st February, 2008. (d). The learned Trial Judge will decide the said Application afresh after giving an : 3 : opportunity of leading evidence to both the parties. (e). The Application shall be decided as expeditiously as possible and in any event on or before 30th April, 2008. (f). Till the disposal of the said Application and for a period of 15 days from the date of passing final order, the Trial Court will not take any further steps on the basis of order of attachment which is already passed against the appellant. (g). All contentions of the parties on merits of the Application at Exhibit-19 are expressly kept open. (h). Appeal is partly allowed in above terms with no order as to costs. (i). Parties and Trial Court to act upon an authenticated copy of this order. (j). In view of the aforesaid order, Civil Application No.1 of 2008 does not survive and : 4 : the same is disposed of. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]