1 (CAW 2086 of 2009 in WP 6857 of 2007 With CAW 2085 of 2009 in WP 6863 of 2007) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2086 OF 2009 IN WRIT PETITION NO. 6857 OF 2007 WITH CIVIL APPLICATION NO.2085 OF 2009 IN WRIT PETITION NO.6863 OF 2007 Jayesh D. Jhaveri (HUF) ...Applicants/ Petitioners Vs. The Secretary, Khusman CHS Ltd. ...Respondents ----- Mr.Kishor S.Patil for Applicants/Petitioners ----- CORAM: V.M. KANADE J. DATED: 1st March, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the Petitioners. The Petitioner are seeking review of the order dated 18th October, 2007 passed by Brother A.P.Deshpande J. 2. It is submitted that by the said order, the Learned Single Judge was pleased to dismiss the writ petitions 2 (CAW 2086 of 2009 in WP 6857 of 2007 With CAW 2085 of 2009 in WP 6863 of 2007) filed by the Petitioners against the rejection of the review applications filed by them before the Lower Appellate Court. It is submitted that after the Learned Single Judge was pleased to pass an order on 18th October, 2007, they filed writ petition, challenging the award which was confirmed by the Lower Appellate Court on merits. However, by order dated 7th February, 2008, this Court in the said writ petitions observed that liberty was not obtained by the Petitioners to file a petition on merits. It is, therefore, submitted that liberty to challenge the said award may be granted. Though an attempt was made by the Petitioners to serve the Respondents, the Respondents did not accept the service and, therefore, the notice was pasted on the outer door of the office. 3. In my view, it would be appropriate if the Petitioners are granted liberty to take out appropriate proceedings challenging the award, more particularly, since the Petitioners have deposited the decreetal amount of Rs.1,44,398/- in this Court pursuant to the order passed by this Court dated 15th February, 2011. Civil applications, therefore are allowed and the order 3 (CAW 2086 of 2009 in WP 6857 of 2007 With CAW 2085 of 2009 in WP 6863 of 2007) dated 18th October, 2010 is modified and liberty is granted to the Applicants to challenge the order dated 8.8.2006 passed by the Lower Appellate Court in both the appeals. 4. The Petitioners -Applicants in addition to decreetal amount deposited in this Court, have also deposited Rs.45,000/- in the Lower Appellate Court. Liberty is, accordingly, granted to seek withdrawal of the said amount in the main petition. Civil applications are allowed in terms of prayer clause (a) and are disposed of. (V.M. KANADE J.)