IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR C.A. 3311/2001 FIRST APPEAL NO.187/2001 V.I.D.C. ..vs.. Gulab & ors. =================================== CORAM: S.R. DONGAONKAR, J. DATE:29.8.2008 Heard Mr. Palshikar, Advocate for the appellant and Mr. Najbile, Advocate for respondents. The application is for leave to file appeal as the appellant / acquiring body was not made party to the reference before the Reference Court. Learned counsel for the respondent while opposing application, though reply is not filed has relied on the judgment of the Apex Court in (1998)5 SSC 718 Modi Spinning and Weaving Mills ..vs.. Virendra and others. Facts of that case are different, & more so because this application is filed in 2001 and no reply is filed till date, this application will have to be allowed. Leave to file appeal granted. List the appeal filed by appellant on 4.9.2008. JUDGE smp.