1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.634 OF 2006 IN APPEAL FROM ORDER ST.NO.15883 OF 2006 Hemant Mathuradas Gangwani. ..Applicant. V/s. M/s.Hitesh Construction Co. & Anr. ..Respondents. Mr.Rajesh A. Kachare for applicant. Mr.Anil Raghunath Dhuri for respondent No.1. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 2, 2007. DATE : FEBRUARY 2, 2007. DATE : FEBRUARY 2, 2007. P.C. : P.C. : P.C. : 1. The respondent No.1 is represented by advocate. He has no objection for allowing this application. The respondent No.1 is the contesting party. As respondent No.2 is still unserved, hearing of the application will have to be deferred. However, as the respondent No.1 who is the only contesting party, submits that he has no objection for condoning the delay of two days. 2. By consent, application is allowed in terms of prayer clause(a).