ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 4713 OF 2007 APPLICATION NO. 4713 OF 2007 APPLICATION NO. 4713 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO. 138 OF APPEAL NO. 138 OF APPEAL NO. 138 OF 2007 2007 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. V.S.Gokhale for the applicant. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 26th September, 2007. : 26th September, 2007. : 26th September, 2007. P.C. P.C. P.C. 1. Considering the averments made in the application a sufficient case has been shown. The application is allowed in terms of prayer clauses (a), (b) and (c). 2. By impugned order dated 26/08/1993, the appellants claim was dismissed on the ground of maintainability for want of statutory notice under Section 78B of Indian Railway Act. In view of this, the private paper book is not necessary, however, the appellant shall undertake to file the same, if ( 2 ) required, at the time of final hearing. 3. The civil application is disposed of, accordingly. [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]