-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 SECOND SECOND SECOND APPEAL NO.414 OF 2002 APPEAL NO.414 OF 2002 APPEAL NO.414 OF 2002 Maharashtra State Road Transport Corporation ...Appellant vs. Maharashtra Industrial Development Corporation ...Respondent Mr.C.M.Lokesh i/b Mr.G.S.Hegde for the Appellant Mr.P.P.Chavan i/b M/s.Little & Co. for the Respondent CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : FEBRUARY 13, 2008. : FEBRUARY 13, 2008. : FEBRUARY 13, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Counsel appearing for the parties. My attention has been invited to the orders dated 11th August 2005 and 8th September 2005. Both the parties have not made any efforts either to resolve the controversy or to refer the dispute to the high power committee. Both the parties are public sector undertakings. This appeal though numbered in the year 2004, is pending from the year 2002. The last order passed by this court on 8th September 2005 directs that the controversy involved in the Appeal be referred to high power committee. The parties were directed to submit the address of the high power committee to the office of this court so that the papers could have sent to the said committee. The office noting shows that till today, both the parties have failed to furnish the address of the high power committee. -2- 2. The appellant is the original plaintiff. The trial court returned the plaint filed by the appellant for presentation to the proper court. An Appeal was preferred by the Appellant before the District Court for challenging the said order. The said Appeal was obviously preferred under clause (a) of Rule 1 of Order XLIII of the Code of Civil Procedure,1908. In view of bar created by sub section 2 of section 104 of the said Code, a Second Appeal is not maintainable. Second Appeal is dismissed only on the ground that the same is not maintainable. It is obvious that all contentions of the parties on merits are expressly kept open. If any eviction proceedings are filed by the Respondent-Corporation, it will be open for the Appellant to raise all permissible contentions while defending the proceedings initiated by the Respondents. 3. Parties to act upon an authenticated copy of this order. JUDGE JUDGE JUDGE