: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.1052 OF 2008 WITH CIVIL APPLICATION NO.1281 OF 2008 IN NOTICE OF MOTION NO.1486 OF 2007 IN S.C.SUIT NO.1240 OF 2007 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.J.S. Chandnani for the Appellant. Mr.A.H. Khatri for Respondent Nos.1 and 2. CORAM : S.J. VAZIFDAR, J. DATED : 16TH OCTOBER, 2008. P.C. : 1. Admit and heard finally. 2. The impugned order is passed on the basis that though various contentions were available to the Appellant, the Appellant consented to an order dated 23.7.2007 passed in the Appeal from Order No.538 of 2007. That order however was passed with the consent of the parties and : 2 : the trial Court was directed to decide the Notice of Motion. The impugned order is passed only on the basis of the consent order. The impugned order does not consider the rival contentions of the parties on merits. 3. In the circumstances, the impugned order is set-aside. The Notice of Motion shall be heard afresh on merits. It is clarified that the order dated 23.7.2007 shall continue pending the hearing and final disposal of the Notice of Motion. 4. The Appeal from Order is accordingly disposed of. The Civil Application is also disposed of.