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jpc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

NOTICE OF MOTION NO. 3078 OF 2009

IN

APPEAL NO. 219 OF 2004

IN

COMPANY APPLICATION NO. 405 OF 2002

IN

COMPANY PETITION NO. 1125 OF 2001

Bhartiya Kamgar Morcha

.. Appellant

Versus

Patel Engineering Co. Ltd.

and another

.. Respondents

Mr. Ram Apte, Senior counsel a/w Mr. M. S. Lagu for the appellant

Mr. Mustafa Doctor a/w Nimay Dave i/w Bachubhai Munim and Co

for Respondent No.1

Mrs. Aruna Pai for Official liquidator

CORAM : B.H. MARLAPALLE &

SMT. V. K. TAHILRAMANI, JJ.

DATE : 18

th February, 2010

P.C.:

1.

We have heard Mr. Apte, learned Senior Counsel

alongwith Mr. Lagu for the appellant, Mr. Doctor for respondent no.1

in the Motion and Mrs Pai, appears for respondent no. 2.

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2.

Delay of 15 days caused in filing the Motion is hereby

condoned. So far as the prayer for restoration of Appeal No. 219 of

2004 is concerned, we are not inclined to grant the same for the

following reasons:

i. When Appeal No.219 of 2004 was admitted by this Court on

29.3.2004, the only issue requiring consideration was stated

to be as to whether the