ssm sm sm 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.842 OF 2008 APPLICATION NO.842 OF 2008 APPLICATION NO.842 OF 2008 IN IN IN SECOND SECOND SECOND APPEAL NO. 980 OF 2004 APPEAL NO. 980 OF 2004 APPEAL NO. 980 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.D.S.Mhaispurkar for the Applicant. Mr.Pritesh Bohade i/by Mr.Dilip Bodake for the Respondents. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 23rd April, 2008 : 23rd April, 2008 : 23rd April, 2008 P.C. P.C. P.C. . By order dated 22nd October, 2007 in the Civil Application No.2037 of 2005, the Court has made Rule returnable 14th January, 2008 and also permitted to issue private notice and further directed to file an affidavit of service before the returnable date. 2. The learned counsel appearing for the Applicant makes a ( 2 ) statement that the private notices were sent before 14th January, 2008 and affidavit of service is dated 14th January, 2008. Therefore, as it is of dated 14th January, 2008 i.e. of returnable date, the office refused to accept the same. 3. Considering the fact that the Applicant has complied with the basic order, I am inclined to accept the submission that there is no default committed by the Applicant, except instead of filing the affidavit before the returnable date, it was submitted on returnable date itself. 4. In the interest of justice, therefore, this Civil Application is allowed in terms of prayer clauses (a) and (b) and is disposed of accordingly. ( 3 ) [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]