:1: pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 674 OF 1995 AND CIVIL APPLICATION NO. 961 OF 2006 AND CIVIL APPLICATION NO. 5846 OF 2008 The National Rayon Corporation Ltd. ..Appellants (Org.Plaintiffs) Vs. The State of Maharashtra and anr. ..Respondents WITH FIRST APPEAL NO. 655 OF 1995 AND CIVIL APPLICATION NO. 3911 OF 2001 AND CIVIL APPLICATION NO. 5539 OF 2008 Century Rayon and Anr. ..Appellants (Org.Plaintiffs) Vs. The State of Maharashtra and anr. ..Respondents WITH SECOND APPEAL NO. 942 OF 2002 AND CIVIL APPLICATION NO. 1267 OF 2002 Solid Containers Limited ..Appellant Vs. The State of Maharashtra and ors. ..Respondents :2: WITH SECOND APPEAL NO. 943 OF 2002 AND CIVIL APPLICATION NO. 1269 OF 2002 Balkrishna Industries Limited ..Appellant Vs. The State of Maharashtra and ors. ..Respondents WITH SECOND APPEAL NO. 944 OF 2002 AND CIVIL APPLICATION NO. 1270 OF 2002 Ajanta Paper Mill & General Products Limited ..Appellant Vs. The State of Maharashtra and ors. ..Respondents Mr. V.A. Thorat, Senior Advocate with Mr. Satish Shah, Mr.Vaibhav Sugdare, Mr. L.A. Ruben, Mr.Sujit Suryawanshi and Ms. Manisha Viirkhare i/by Vigil Juris for appellants in F.A. No.674/95. Mr. L.B. Bharucha, Senior Advocate with Mr. Vaibhav Joglekar, Mr. Pranav Desai i/by Manilal Kher Ambalal and Co. for appellants in F.A. No. 655/95. Mr. Vaibhav Joglekhar a/w Vaibhav Sugdare i/by Shiwalkar and Co. for appellant in S.A. Nos.942, 943 and 944 of 2002. Mr. A.R. Patil, AGP for the State. Mr. V.P. Patil for respondent no.2. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. :3: Date : February 09, 2009. Date : February 09, 2009. Date : February 09, 2009. P.C.: P.C.: P.C.: 1. These appeals are heard from time to time and time was sought to take instructions for remand of the Suits for trial by setting aside the decree passed by the trial court and/or confirmed by the Lower Appellate Court. Accordingly, the parties have placed before us consent terms in the form of Minutes of Order and prayed for an order in the same terms. 2. Minutes of Order are taken on record and marked as "X" Colly. for identification in First Appeals and "Y" Colly. for identification in Second Appeals. 3. Appeals are disposed off in terms of the Minutes of Order. We further direct that the Suits filed in the court of Civil Judge, Senior Division at Thane (i.e. Special Civil Suit No. 315/93 and Special Civil Suit No. 147/93) as well as the Suits filed in the court of Civil Judge, Junior Division at :4: Kalyan (i.e. Regular Civil Suit Nos. 225/96, 223/96 and 222/96) are hereby directed to be clubbed together and they shall be head and decided by the learned Civil Judge, Senior Division at Thane as to be nominated by the Principal District and Sessions Judge at Thane. Guarantees as directed by this court shall be filed before the same court i.e. the Court of Civil Judge, Senior Division at Thane till the Suits, on remand, are heard and decided. 4. Parties to appear before the Civil Judge, Senior Division at Thane on 6th March, 2009 and may apply for additional evidence, if so desired. 5. Consequently, the decrees under challenge passed by the trial court as well as the Lower Appellate Court, as the case may be, stand quashed and set aside. R & P, if received, be returned forthwith to the court of Civil Judge, Senior Division at Thane. 6. All the Civil Applications do not survive and disposed as such. :5: (D.G. Karnik,J.) (D.G. Karnik,J.) (D.G. Karnik,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)