IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CIVIL APPLICATION NO.5288 OF 2006 IN FIRST APPEAL NO.2146 OF 2005 -----------------------------------:------------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : -----------------------------------:------------------------------------- Mr.M.R.Katikar for the applicant. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. DATED: 15TH DECEMBER, 2006 DATED: 15TH DECEMBER, 2006 DATED: 15TH DECEMBER, 2006 P.C.: . Heard learned counsel for the applicant. 2. Civil application is allowed in terms of prayer clause (a) except the bracketed portion and prayer clause (b). The applicant to carry out amendment within one week from today. 3. Issue fresh notice to respondent no.5 and the unserved respondents, if any, in the appeal and the application, returnable in six weeks therefrom. 4. In addition to Court’s notice, the applicants to serve respondent nos.5 and unserved respondents by Advocate’s notice, either personally and/or by Speed post/ E-mail/Fax, and file an affidavit of service before the returnable date, failing which, this appeal/application shall stand dismissed for non prosecution against the unserved respondent/s. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)