((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2021 OF 2007 IN FIRST APPEAL NO.858 OF 2004 Bhairavlal Kanaklal Jain Applicant versus The Municipal Corporation of Greater Bombay and another Respondents Mr.Atul Singh i/by Dhanesh R. Shah for applicant. Kranti Hiralal i/by Sandip J. Ghogare for respondent no.1. S.S.Shinde, APP for State. CORAM : A.S.OKA, J. DATE : 09th February 2009 PC : 1. Heard advocate for the applicant and the advocate for the second respondent. My attention has been invited to paragraph (7) of order dated 1st September 2004 passed by this court in Civil Application No.2599 of 2004. It is brought to my notice that the statement made by the counsel for the applicant on instructions that the suits in the Small Causes Court were pending was an incorrect statement and infact the suits in the Small Causes Court ((-2-)) were dismissed for default in the year 2000 and 2002. 2. In view of the statements made in the Civil Application and in view of Exhibits-2 and 3 annexed to the Civil Application, I pass following order :- (a) Clause (7) of the order dated 1st September 2004 in Civil Application No.2599 of 2004 is clarified and it is recorded that on the date on which the said order was passed the suits were not pending in the Small Causes Court. (A.S.OKA, J.)