1 CAW(St)No.15509.11 kambli IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO.15509 OF 2011 IN WRIT PETITION NO.1819 OF 1986 WITH R.C.NO.432 OF 2011 ... M/s.Roberts MeLean & Co.Ltd. ...Applicant v/s. Dr.Rishimuni M.Agarwal & Anr. ...Respondents ... Mr.R.S.Apte, Sr.Counsel with Mr.A.P.Fanibanda for the Applicant. Mr.Abhay Patki for Respondent No.2. ... CORAM: D.K.DESHMUKH, J. DATED: 16th December, 2011 P.C.: This is an application seeking review of the order dated 20-1-1998 passed in Writ Petition No.1819 of 1986 and Writ Petition No.5227 of 1987. Both petitions were filed by the present Applicant M/s.Robert MeLean & co. and Dr.R.M.Agarwal. The Applicant seeks review of that order on the ground that the Applicant had not filed those petitions and that the Petitioner No.2 in those petitions Dr.R.M.Agarwal falsely represented that the Applicant-company had filed those petitions. The order dated 20-1-1998 passed in those petitions is in favour of the Petitioners. Therefore, I asked the learned Counsel appearing for the Applicant as to how the order 2 CAW(St)No.15509.11 dated 20-1-1998 causes prejudice to the interest of the Applicant. He submitted that though the Applicant is no more in possession of the premises, the landlord has filed a suit for a decree of eviction and also claiming a money decree against the Applicant. 2. In my opinion, for that reason it is not necessary to review the order dated 20-1-1998, even assuming that the Applicant had not authorised Dr.R.M.Agarwal to file those petitions. If according to the Applicant, the Applicant is no longer in possession of the premises and therefore, no money decree should be passed against the Applicant, the Applicant can file a written statement in the suit making it clear that it is no longer in possession of the premises and also specifying the date from which it ceased to be in possession and also raising defences that have been raised in this application. 3. In this view of the matter, therefore, Civil Application, disposed of. (D.K.Deshmukh, J.)