IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO.440 OF 2007 APPEAL NO.440 OF 2007 APPEAL NO.440 OF 2007 Ravindra Moreshwar Kulkarni ...Appellant vs. M/s.Talbros Automative Components Ltd. ...Respondent Mr.N.V.Walawalkar, Sr.Counsel i/b Mr.Sudhir Prabhu for the Appellant CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : JANUARY 11,2008. : JANUARY 11,2008. : JANUARY 11,2008. P.C.: P.C.: P.C.: 1. Heard the learned senior counsel for the Appellant. Second Appeal is admitted on the following substantial questions of law : i) Whether the learned Appellate Court was right in holding that to enable appellant to claim professional fees the execution of work as per design prepared by the appellant was necessary when the terms of the agreement provided stagewise payment towards the professional fees and termination clause also provided payment upto stage where agreement would be terminated ? ii) Whether the learned Appellate Court was right in holding that non execution of work disentitled Appellant to claim professional fees when the work done upto 3rd stage of work were the step towards the execution of work and he could not complete his entire work because he was not allowed to complete the same by the respondent ? 2. Printing is dispensed with. The Appellant is directed to file private paper book within a period of one year failing which the Appeal will stand dismissed for non prosecution without further reference to the court. JUDGE JUDGE JUDGE