: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.418 OF 2009 IN APPEAL FROM ORDER NO.329 OF 2009 Polyplast Chemical Plant (India) Pvt. Ltd. .. Applicants V/s. Nirmal Kuldeep Mundhe & Ors. .. Respondents Mr. A.S. Khandeparkar i/b. Mr. Anilkumar Joshi for the Applicants. Mr. G.S. Godbole i/b. Mr. Pratap Patil for Respondent No.1. CORAM : SMT. NISHITA MHATRE, J. DATED : 7 TH JANUARY, 2010. P.C.: 1. The Civil Application has been filed for condoning delay of 215 days in presenting the Appeal from Order. The reason mentioned in the Civil Application is that a Writ Petition had been preferred by the applicants which was allowed to be withdrawn on 21st January, 2009 by this Court in view of the preliminary objection raised by the Counsel for respondent No.1. Liberty was granted to the applicants to file an Appeal after withdrawal of the Writ Petition. : 2 : 2. Immediately after the order was passed on 21st January, 2009, the present Appeal from Order and Civil Application have been filed on 3rd February, 2009. 3. The Civil Application is vehemently opposed by respondent No.1 by filing an affidavit in reply. However, after considering the averments in the Civil Application, it is allowed in terms of prayer clause (a). 4. Place the Appeal from Order for admission on 19th January, 2010. .......