1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.Z.No. 563/2009 IN L.P.A.NO. 328/2008 IN W.P.NO. 439/2008. ( Sau. Vijaya Vedprakash Mittal -: versus :- Brijmohan Maheshchandaji Agrawal and others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATED : SEPTEMBER 14, 2009. Head Shri N.R. Saboo, learned Counsel for applicants and Shri M.B. Naidu, learned Counsel for respondents. It is an admitted position that when the L.P.A. was heard on 30.06.2009, the question regarding maintainability of L.P.A. was raised and at that time, a judgment of Hon’ble Apex reported at 1981 (4) SCC 4 (Shah Babulal Khimji .vrs. Jayaben) was cited. As that judgment holds that the L.P.A. is maintainable against an order passed on an application under Order 6 Rule 17, this Court has considered the challenge in L.P.A. only to that extent. Other two orders are refusing to leave to file list of witness and also leave to file additional documents and said orders were therefore not considered at that stage. The present application is for speaking to minutes. It is apparent that the application is misconceived. The same is therefore, rejected. No cost. JUDGE JUDGE Rgd.