IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 340 OF 2009 IN SUMMONS FOR JUDGMENT NO. 214 OF 2008 IN SUMMARY SUIT NO. 1533 OF 2008 M/s. Areeb Rolling Mills Pvt. Ltd. ..Appellant. Versus M/s. M. S. Ship Breaking Pvt. Ltd. ..Respondent. Mr. V. S. Kapse for the Appellant. Mr. C. Bharucha i/b M/s. Jayakars for the Respondent. Coram : P. B. Majmudar & R. V. More, JJ. Date : December 16, 2009. P. C. : 1. Learned counsel for the Respondent states that he has received instructions from his client to withdraw this appeal as execution is already pending on the basis of a decree passed by the learned Single Judge and he wants to take objections in the said execution proceedings. He further states that in order to take all these points raised in this appeal, in the executing proceeding, in case such execution proceeding is taken out he wants to withdraw this appeal. Permission is granted. 2. We may however clarify that we have not expressed any opinion on merit. Any subsequent proceedings such as execution, which may be initiated by the appellant, it is for the executing court to consider the objections and decide the same in accordance with the law. 3. Appeal is disposed of in the aforesaid terms. (R.V. MORE, J.) (P .B MAJMUDAR, J.)