1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C. A. NO. 8030 OF 2007 IN MCA ST. NO. 17117/2007 IN SA NO.49 OF 2004 Laxman J. Rajurkar through LRs Savitri A. Dangre & Anr. vs. Bhagwan B. Rajurkar & Ors. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. MARCH 14, 2008. The applicant/ original appellant in Second Appeal No. 49 of 2004 is complaining that the appeal has been withdrawn on 6.2.2007 behind his back and without his instructions. There is dispute between the parties because the respondents assert that he was very much present in the Court on that date. The said aspect can be considered while deciding MCA St. No.17117 of 2007 for recalling of order dated 6.2.2007. As the applicant has contended that he has no knowledge of proceedings and there is delay of 207 days, in the interest of justice, after hearing parties, said delay is condoned. The office to register MCA St. No.17117 of 2007. C.A. NO. 9058 OF 2007 By this application, the applicant – 2 original appellant (now through his LRs) is seeking permission to join subsequent purchaser Shri Prashant Bongirwar as party non-applicant in MCA St. No. 17117 of 2007. Shri Kulkarni, Advocate appearing for Shri Bongirwar in Civil Application No. 9058 of 2007 has no objection to implead Shri Bongirwar as party non-applicant/ respondent. Accordingly, civil application is allowed. Shri Bongirwar be added as party Respondent No.4 in above referred MCA St. number. Necessary amendment be carried out by 24th March 2008. Misc. Civil Application No. 17117 of 2007 was taken up for hearing. Shri Bhandarkar, Advocate for the applicant started addressing the Court and in the process, he invited attention to reply filed by respondents No. 1 to 3. In para 4 of said reply, the respondents have asserted on oath that original appellant not only instructed his counsel for withdrawal but he himself was personally present at the time of passing of the order on 6.2.2007. It is further stated that this Court had personally verified the presence and after due satisfaction passed order 3 dated 6.2.2007. In the circumstances, it will be appropriate to place the said application before the Hon'ble Judge, who has passed the order on 6.2.2007 to ascertain this aspect as there is some dispute between the parties about this position. After the position is clear, the matter can then be listed for further consideration before the appropriate Bench as per roster. JUDGE *GS.