Office Of Superintending Engineer ... vs M/S.Dolly Enterprises Engineers And ...
2024 Latest Caselaw 2050 Bom

Bombay High Court

Office Of Superintending Engineer ... vs M/S.Dolly Enterprises Engineers And ... on 23 January, 2024

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

ppn                                   1               6 & 7.fa-1229.18 & 1230.18.doc


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                          FIRST APPEAL NO.1229 OF 2018

The Secretary to the Central Government,
New Delhi & Ors.                                              .. Appellants
      Versus
M/s.Dolly Enterprises Engineers and
Government Contractors                                        .. Respondent

                                     WITH
                          FIRST APPEAL NO.1230 OF 2018

Office of Superintending Engineer (MORT) & Ors.               .. Appellants
       Versus
M/s.Dolly Enterprises Engineers and
Government Contractors                                        .. Respondent

                    ---
Mr.Amrut Joshi a/w Mr.Shirish Shetty & Mr.Bhavesh Wadhwani for the
appellants.
Ms.Pranjal Shukla a/w Mr.Amit Hailkar i/by Maniar Shrivastava &
Associates for the respondent.
                    ----
                         CORAM : A.S. CHANDURKAR &
                                   JITENDRA JAIN, JJ.

DATE : 23rd January 2024 P.C.:-

. It is submitted by the respondent-original plaintiff that on

22nd December 2017, an application under Section 152 of Code of Civil

Procedure, 1908 has been filed before the Trial Court seeking

rectification of the error in the decree. The said application is pending

on the ground that the judgment of the Trial Court is the subject matter

of challenge in the present First Appeals.

ppn 2 6 & 7.fa-1229.18 & 1230.18.doc

2. The Trial Court is directed to consider the said applications

filed under Section 152 of the Code of Civil Procedure in accordance

with law and decide the same notwithstanding the fact that the present

First Appeals are pending. The said applications be decided in

accordance with law by giving an opportunity to all parties.

3. Stand over to 19th March 2024. To be listed under the

caption of 'Directions' to report further process.

          JITENDRA JAIN, J.                    A.S. CHANDURKAR, J.