IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.251 OF 2008 IN REVEW PETTON NO.27 OF 2007 IN COURT RECEIVER' S REPORT NO.200 OF 2006 IN SUIT NO.631 OF 2003 Mr.W.A.H. Kapadia ..... Appellant V/s. Mr.Ashok Kumar Dwivedi & Ors. ..... Respondents WITH APPEAL NO.253 OF 2008 IN REVIEW PETITION NO.26 OF 2007 IN COURT RECEIVER' S REPORT NO.200 OF 2006 IN SUIT NO.631 OF 2003 Mrs.S.A.H. Kapadia ..... Appellant V/s. Mr.Ashok Kumar Dwivedi ..... Respondents Mrs.Thorat i/b Prachi Tatake for the Appellant. Mr.Kezer Kharawala i/b R.K. Associates for Respondent No.32 to 38. 2 CORAM : R.M.S.KHANDEPARKAR & P.B.MAJMUDAR, JJ. DATED : JULY 03, 2008. P.C. 1. Since the common questions of law and facts arise in both the matters, they were heard together and disposed of by a common order. 2. By consent, the impugned order along with the order dated 10- 10-2006 passed in Chamber Summons No.1162 of 2006 and 1163 of 2006 and the order dated 20-07-2007 on Court Receiver's Report No.200 of 2006, are hereby set aside and the matter is remanded to the learned Single Judge to rehear the matters and decide the same afresh in accordance with the provisions of law. 3. It is made clear that this Court has not expressed any opinion on any points sought to be raised in the matter and all the issues are kept open. ( P.B.MAJMUDAR, J.) ( R.M.S.KHANDEPARKAR, J.)