1 fast23416-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa FIRST APPEAL ST. NO. 23416 OF 2010 ALONGWITH CIVIL APPLICATION NO. 3590 OF 2010 Subhash Keshav Sawant .. Appellant V/s. M/s. Guru Constructions .. Respondent ..... Mr. Sandeep Koregave for the appellant. Ms. Dipti Pawar i/b. Mr. S. S. Patwardhan for the respondent. ..... CORAM : A. S. OKA, J. DATE : MAY 4, 2011. P.C.:- The parties have tendered Minutes of the Order duly signed by the respective advocates and the respondent. Respondent is stated to be personally present in the Court. The Minutes of the Order is taken on record and marked “X” for identification. In view of agreed Minutes of the Order, the Appeal is disposed of by passing following order: :: O R D E R :: i. The impugned Judgment and decree dated 26th November, 2009, is quashed and set aside and Special 2 fast23416-10 Civil Suit No. 210 of 2004 is restored to the file of the trial Court. ii. The appellant will be entitled to cross examine the witnesses examined by the respondent. The respondent will be entitled to lead further evidence. It is obvious that even the appellant will be entitled to adduce evidence. iii. Hearing of the suit is expedited and the trial Court shall make an endeavour to conclude the trial before December 2011. iv. A sum of Rs.2,55,000/- deposited by the appellant in this Court shall be transferred to the trial Court. v. The trial Court shall invest the amount of Rs. 2,55,000/- with any Nationalized Bank till the disposal of the suit. vi. While deciding the suit finally, the trial Court will pass appropriate order regarding the 3 fast23416-10 withdrawal/disbursement of the said amount with interest accrued thereon. vii. All contentions of the parties on merits of the suit are kept open. viii. Appeal is partly allowed in the above terms with no order as to costs. ix. Civil Application No. 3590 of 2010 does not survive and the same is disposed of. JUDGE