1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. CIVIL APPLICATION NO.9108 OF 2008 IN WRIT PETITION NO.2797 OF 2007. Bank of India and other .vs. M/s Simplex Chemopack Pvt.Ltd. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. Mr.Bade,Adv. for the petitioner. Mr.Narwade, Adv. for the respondent. Coram: J.H.BHATIA,J. Dated : 12th JANUARY, 2009. Heard learned counsel for the parties. In Writ Petition No.2797 of 2007, by order dated 7/3/2008 this court had directed that the issue regarding maintainability of the Spl.Civil Suit No.267 of 2003 on the ground of limitation and non-joinder of parties is kept open and the trial court shall decide the same at the time of final 2 hearing after giving opportunity to the parties to adduce evidence. It appears that the petitioner, who is original defendant, has filed certain applications before the trial court to implead a third party as defendant, in view of the nature of the contract between the plaintiff and that third party. However, according to learned counsel for the petitioner, that application cannot be decided in view of the order dated 7/3/2008. Therefore, he needs clarification or modification of that order. It appears that in different context in the Writ Petition No.4251 of 2008, between the same parties, an order was passed on 20th November, 2008 whereby liberty was given to the present petitioner to approach this court for necessary clarification and modification of the judgment dated 7/3/2008. Therefore, the present application is filed. With consent of the parties, it is made clear that the order dated 7/3/2008 shall not hinder the powers of the trial court to pass 3 appropriate orders as per merits on the application filed by the petitioner/defendant. The application stands disposed of. JUDGE. chute