1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR FIRST APPEAL NO.1072/2011 [Bilt Graphic Paper Products Limited, Chandrapur .vrs. Pawan Nalotia Radheshyam Agrawal] ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Shri Sunil V. Manohar, Senior Advocate with Shri N.A. Gaikwad, Advocate for the appellant, Shri M.P. Khajanchi, Advocate for the respondent. .......... CORAM : B.P. DHARMADHIKARI AND P.D. KODE, JJ. DATE : DECEMBER 22, 2011. Prima facie, it appears that delivery challans (photostat copies) produced on the record and accepted by the trial Court as proof of delivery have not been appropriately evaluated by the said Court. Heard Shri Sunil V. Manohar, learned Senior Advocate with Shri N.A. Gaikwad, learned counsel for the appellant/original defendant and Shri M.P. Khajanchi, learned counsel for the respondent/original plaintiff. With consent of parties, the judgment and decree dated 12.9.2011 passed by Extra Joint Civil 2 Judge, Senior Division, Chandrapur in Special Civil Suit No.142/2008 is hereby quashed and set aside. The said civil suit is restored back to the file of said court for its fresh consideration in accordance with law. With consent of parties said consideration is made time bound and trial court shall attempt to decide the suit after hearing arguments as early as possible and in any case within a period of three months from today. Parties are directed to appear before Trial Court on 9.1.2012 and to abide by its further instructions in the matter. The appeal is thus allowed with no order as to costs. JUDGE JUDGE Gulande