1 caf3021 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3021 OF 2010 IN CIVIL APPLICATION NO. 1224 OF 2009 IN FIRST APPEAL NO. 1791 OF 2010 Dineshbhai Gangaram Patel. ... ... Applicant. Versus Vishal Suresh Agarwal & Ors. ... ... Respondents. Mr. R. S. Apte with Mr. N. R. Bubna for the Applicant. Mr. Kishor Patil i/by Mr. P. N. Joshi for Respondent No.1. Mr. C.J.Sawant with Mr. V.C.Ghosalkar for Respondent Nos.4 & 5. Mr. J. S. Kini i/by Mr. Suresh Dubey for Respondent Nos.3A to 3C. Mr. P. P. Chavan i/by Mr. Navdeep Vora & Associates for Respondent No.6. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 11TH AUGUST, 2010. P. C. : As the application is in time, by way of indulgence and in the interest of justice, the same is granted in terms of prayer clause (a). 2. Issue fresh notice to the respondents, returnable on 13th September, 2010. 2 caf3021 3. Learned Counsel Mr. Kishor Patil appearing for respondent No.1, Mr. C. J. Sawant appearing for Respondent Nos.4 and 5, Mr. J. S. Kini appearing for respondent Nos.3A and 3C and Mr. Chavan appearing for respondent No.6, waive service of notice on behalf of respective respondents. 4. The applicant will have to take steps to serve respondent No.2 by advocate's notice either personally and/or by speed post/e-mail/fax and file affidavit of service before the returnable date. That be done within three weeks from today, failing which the entire civil application No. 1224 of 2010 shall stand dismissed for non-prosecution without any further reference to the Court. If the steps are taken within the specified time, the Civil Application No. 1224 of 2010 be listed on 13th September, 2010. 5. This civil application is disposed of. Sd/- Sd/- (A. A. SAYED, J.) (A. M. KHANWILKAR, J.)