1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO. 611 OF 2003 NO. 611 OF 2003 NO. 611 OF 2003 IN CHAMBER SUMMONS NO.1372 OF 2002 IN SUMMARY SUIT NO.3462 OF 1999 Cauvery Ceramics & Marketing ... Appellant Corporation (Ori. defendant) Vs. Phenoweld Polymer Pvt. Ltd. ... Respondents (Ori. Plaintiff) Mr. Zuben Behram Kamdin a/w Swati Deshpande i/b F.Z.B. Associates for Appellant. Mr. Dinesh Pednekar a/w Girish Thakur i/by Advani & Co. for respondents. CORAM CORAM CORAM : R.M.S. KHANEPARKAR, & : R.M.S. KHANEPARKAR, & : R.M.S. KHANEPARKAR, & P.B. P.B. P.B. MAJMUDAR, JJ. MAJMUDAR, JJ. MAJMUDAR, JJ. DATE DATE DATE : 28TH APRIL, 2008 : 28TH APRIL, 2008 : 28TH APRIL, 2008 P.C. P.C. P.C. :- :- :- 1. Heard. 2. Learned Advocate appearing for the appellant submitted that while disposing of the Chamber Summons, the learned Single Judge dealing with the issue regarding the leave under Clause XII of the Letters Patent (Bombay High Court) has finally concluded the issue of jurisdiction which 2 in fact requires opportunity to the parties to lead evidence and same has not been made available to the parties. In this circumstances, the learned Counsel for the appellant submits that the appellant would not pursue this appeal. However, both parties be permitted to lead necessary evidence on the issue of point of jurisdiction and the said issue being left open for appropriate adjudication thereof by the learned Single Judge in Summary Suit No.3462 of 1999 after affording opportunity to the parties to lead evidence on the said issue, the appellant would crave leave to withdraw the appeal. The learned Advocate for the respondent has fairly conceded that the point of jurisdiction would require evidence to be led by the parties. 3. In the circumstances, the appellant is allowed to withdraw the appeal while making it clear that the issue of jurisdiction is kept open with opportunity to the parties to lead oral as well as documentary evidence on the said issue to be adjudicated by the learned Single Judge in Summary Suit No. 3462 of 1999, uninfluenced by the observation made in the impugned order. With this, the appeal stands disposed of. 3 (P.B. (P.B. (P.B. MAJMUDAR, J.) MAJMUDAR, J.) MAJMUDAR, J.) ( R.M.S. KHANDEPARKAR, J.) ( R.M.S. KHANDEPARKAR, J.) ( R.M.S. KHANDEPARKAR, J.)