1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 1209/2003 M/s Pawan Oil Industries and others Versus The M.S.E.B., Jalgaon _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________ Mr. R.R. Mantri, Advocate for appellants. Mr. P.B. Paithankar, Advocate for respondent. Date : 2nd August, 2010 PER COURT : 1 Perused the pleadings, issues, evidence and the judgment. 2 Heard the submissions of both the sides. Both the learned advocates appearing for the parties requested the Court to allow appeal and remand the case back to the lower Court for fresh hearing. 3 In view of this, the appeal is allowed. The impugned judgment and decree is set aside. 4 The case is remanded back to the lower Court. 5 The learned judge of the lower Court shall decide the case on merits, 2 giving due opportunities to both the sides. 6 The appellants shall be entitled to refund of the Court fee if rules permit. [A.V. NIRGUDE, J.] tsk/