IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 65 OF 2008 CIVIL APPLICATION NO. 65 OF 2008 CIVIL APPLICATION NO. 65 OF 2008 IN IN IN LETTERS PATENT APPEAL (STAMP) NO. 5513 OF 2008 LETTERS PATENT APPEAL (STAMP) NO. 5513 OF 2008 LETTERS PATENT APPEAL (STAMP) NO. 5513 OF 2008 IN IN IN WRIT PETITION NO. 3467 OF WRIT PETITION NO. 3467 OF WRIT PETITION NO. 3467 OF 2007 2007 2007 The Managing Director, Karware Icecream Pvt.Ltd. ...Applicant (Appellant) V/s. Shri Vikrant Tukaram Bhorade ...Respondent Shri S.R. Nargolkar for the Applicant. Shri J.D. Khairnar for the Respondent WITH CIVIL APPLICATION NO. 66 OF 2008 CIVIL APPLICATION NO. 66 OF 2008 CIVIL APPLICATION NO. 66 OF 2008 IN IN IN LETTERS PATENT APPEAL (STAMP) NO. 5521 OF 2008 LETTERS PATENT APPEAL (STAMP) NO. 5521 OF 2008 LETTERS PATENT APPEAL (STAMP) NO. 5521 OF 2008 IN IN IN WRIT PETITION NO. 3455 OF WRIT PETITION NO. 3455 OF WRIT PETITION NO. 3455 OF 2007 2007 2007 The Managing Director, Karware Icecream Pvt.Ltd. ...Applicant (Appellant) V/s. Shri Ashok Ramchandra Shinde ...Respondent CORAM : SWATANTER KUMAR, C.J. AND CORAM : SWATANTER KUMAR, C.J. AND CORAM : SWATANTER KUMAR, C.J. AND V.M. KANADE, J. V.M. KANADE, J. V.M. KANADE, J. DATED : JULY 2, 2008 DATED : JULY 2, 2008 DATED : JULY 2, 2008 P.C. :- P.C. :- P.C. :- 1. This is an application for condonation of 59 - 2 - days delay in filing the present appeal. Learned Counsel for the respondent has no objection. Consequently, the application is made absolute in terms of prayer clause (a). Delay condoned. Civil Application stands disposed of. 2. With the consent of the learned Counsel for the parties, the appeal is taken up for hearing. 3. The learned Counsel appearing for the appellant relies upon Division Bench judgment of this Court in the case of M/s.Pipe Arts India Pvt.Ltd., Sanaswadi, Taluka M/s.Pipe Arts India Pvt.Ltd., Sanaswadi, Taluka M/s.Pipe Arts India Pvt.Ltd., Sanaswadi, Taluka Shirur vs. Shri Gangadhar Nathuji Golamare, At and post Shirur vs. Shri Gangadhar Nathuji Golamare, At and post Shirur vs. Shri Gangadhar Nathuji Golamare, At and post Sanaswadi, Tal.Shirur, District-Pune in Letters Patent Sanaswadi, Tal.Shirur, District-Pune in Letters Patent Sanaswadi, Tal.Shirur, District-Pune in Letters Patent Appeal No.50 of 2008 dated 13th March 2008 Appeal No.50 of 2008 dated 13th March 2008 Appeal No.50 of 2008 dated 13th March 2008 and contends that besides challenging the impugned order on merits, it is also liable to be set aside on the ground that it does not provide any reasons for declining their plea, not even one line has been recorded by the learned Single Judge. 4. The learned Counsel appearing on behalf of the - 3 - respondent states that they have no objection if the matter is ordered to be reheard by the learned Single Judge limited to the question of declining interim relief and the application for interim relief is disposed of, in accordance with law, afresh. 5. In view of the stand taken, we set aside the order dated 4th December, 2007 and remand the matter on the board of the learned Single Judge for disposal of the application for interim relief, in accordance with law. 6. Civil Application for stay does not survive accordingly. CHIEF JUSTICE CHIEF JUSTICE CHIEF JUSTICE V.M. KANADE, J. V.M. KANADE, J. V.M. KANADE, J.