1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLICATION NO.: 3263 OF 2011 IN WRIT PETITION NO.: 8410 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CIVIL APPLICATION NO.: 3263 OF 2011 IN WRIT PETITION NO.: 8410 OF 2010 *** 1. Heard Advocate Mr. Sangit for Petitioner/ applicant, Advocate Mr. Shah for Respondent Nos.27 to 34. Other respondents, though served, have chosen not to appear. 2. Shri Shah is seeking time to file reply to application. However, after hearing respective counsel, I find filing of such reply not necessary. 3. By first prayer petitioner is seeking to delete some respondents. The said prayer clause(A) is granted at the risk of petitioner. Necessary deletion to be carried out within one week. 4. By prayer clause (B) the petitioner is seeking to place on record order dated 2nd February, 2011 along with Miscellaneous Civil Appeal No.110 of 2003 below Exhibit-117. As 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLICATION NO.: 3263 OF 2011 IN WRIT PETITION NO.: 8410 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. copy of civil application is sought to be produced on record, and petition is still to be admitted, leave granted. 5. By prayer clause (C) subsequent developments are sought to be incorporated. In original petition, as filed, challenge is to rejection of objection by petitioner contending that prayer for interim relief made by Respondent along with application for leave to file appeal cannot be considered till delay is condoned. According to Advocate Mr. Shah challenge is to order granting interim relief to the Respondent. It is not necessary for this Court to consider that controversy because by proposed amendment the fact that subsequently delay has been condoned is sought to be brought on record and challenge to that order is also sought to be incorporated. It is, therefore, a subsequent event and hence that prayer is 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLICATION NO.: 3263 OF 2011 IN WRIT PETITION NO.: 8410 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. also granted. 6. Needless to mention that, all defence and contentions available to Advocate Mr. Shah are still open and can be raised before this Court. 7. Application accordingly is allowed. [B.P.DHARMADHIKARI, J.] Dated:11/03/2011. ans/3263