PNP 1 APP965-15.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGNAL CIVIL JURISDICTION APPEL NO.965 OF 2010 IN NOTICE OF MOTION NO.1806 OF 2008 IN SUIT NO.1643 OF 1989 Captain Homi Darasha Colabawala ..Appellant. Vs. Manori Beach Resorts Pvt. Ltd. and others ..Respondents. ..... Mr. Snehal Shah with Ms. Dipti Ponda i/b Ms. Kavita Shah for the Appellant. Mr. Shailesh Shah with Mr. Hiren Shah i/b Prakash & Co. for Respondents 1 and 2. Ms. Azmin Irani for Respondent No.5. ..... CORAM : DR.D.Y.CHANDRACHUD & ANOOP V. MOHTA , JJ. 15 November 2010. P.C. : At the hearing of this appeal counsel appearing on behalf of the Appellant and Respondents 1 and 2, who are the contesting parties are agreed that the impugned order of the Learned Single Judge dated 12 July 2010 may be set aside with the following directions : PNP 2 APP965-15.11 1. The First and Second Respondents will be at liberty to file a further affidavit in support of the Motion for setting aside the ex parte order dated 30 November 2006 within a period of two weeks from today; 2. The Appellant will be at liberty to file a rejoinder, if any, within a period of two weeks thereafter; 3. In terms of the request made before this Court, the impugned order dated 12 July 2010 is set aside without the expression of any opinion by this Court on the merits of the rival contentions; 4. Notice of Motion 1806 of 2008 shall stand restored to the file of the learned Single Judge for fresh disposal. The Appeal shall accordingly stand disposed of. There shall be no order as to costs. Liberty to apply before the Learned Single Judge for appropriate directions. (Dr. D.Y. Chandrachud, J.) (Anoop V. Mohta, J.)