* 1 * Appeal-283/2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 283 OF 2007 IN CHAMBER SUMMONS NO. 369 OF 2006 IN SUIT NO. 398 OF 1974 M/s. K.D. Corporation ......... Appellant V/S. Canara Bank & Ors. ......... Respondents. * * * * Mr. J. Reis, Senior Advocate with Ms. Reena Salunkhe & Kamlesh Tiwari i/by. Deepak Chitnis-Chiparikar & Co., Advocate for the appellant. Ms. Shilpa Kamble i/by. Shukla & Shukla, Advocate for respondent no.1. Ms. Ramana Bagdadi i/by. Ms. Sumedha Rao, Advocate for respondent no.3. Mr. Madhav Jamdar, Advocate for respondent no.9. ALONGWITH APPEAL NO. 322 OF 2007 IN CHAMBER SUMMONS NO. 369 OF 2006 IN SUIT NO. 398 OF 1974 Shri. Mahendra P. Shah ......... Appellant V/S. Canara Bank & Ors. ......... Respondents. * * * * * 2 * Appeal-283/2009 Mr. Madhav Jamdar, Advocate for the appellant. Ms. Shilpa Kamble i/by. Shukla & Shukla, Advocate for respondent no.1. Ms. Ramana Bagdadi i/by. Sumedha Rao, Advocate for respondent no.3. Mr. J. Reis, Senior Advocate i/by. Deepak Chitnis-Chiparikar & Co., Advocate for respondent no.9. ALONGWITH APPEAL NO. 323 OF 2007 IN COMMISSIONER S REPORT DATED. 18/01/2006 ’ IN SUIT NO. 398 OF 1974 Shri. Mahendra P. Shah ......... Appellant V/S. Canara Bank & Ors. ......... Respondents. * * * * Mr. Madhav Jamdar, Advocate for the appellant. Ms. Shilpa Kamble i/by. Shukla & Shukla, Advocate for respondent no.1. Ms. Ramana Bagdadi i/by. Sumedha Rao, Advocate for respondent no.3. Mr. J. Reis, Senior Advocate i/by. Deepak Chitnis & Chiparikar & Co., Advocate for respondent no.9. ALONGWITH APPEAL (LODG) NO. 308 OF 2007 IN CHAMBER SUMMONS NO. 369 OF 2007 * 3 * Appeal-283/2009 IN SUIT NO. 398 OF 1974 AND COMMISSIONER S REPORT ’ M. Subramanya Shastri .......Appellant/Orig.Defd no.2. V/S. Canara Bank & Ors. .....Resps/Orig.Plffs AND Bombay Alloys & Castings & Ors. ....Resp no.2 to 7/Defds AND M/s. K.D. Corporation ....Resp no.8/Applicant * * * * Ms. Ramana Bagdadi i/by. Sumedha Rao, Advocate for appellant. Ms. Shilpa Kamble i/by. Shukla & Shukla, Advocate for respondent no.1. Mr. J. Reis, Senior Advocate i/by. Deepak Chitnis-Chiparikar & Co., Advocate for respondent no.8. Mr. Madhav Jamdar, Advocate for respondent no.9. ALONGWITH APPEAL (LODG) NO. 286 OF 2007 IN COMMISSIONERS REPORT DATED 18/01/2006 IN SUIT NO. 398 OF 1974 M/s. K.D. Corporation ....Appellants. V/S. Canara Bank & Ors. ......Respondents. * * * * * 4 * Appeal-283/2009 Mr. J. Reis, Senior Advocate i/by. Pounita Khanna, Advocate for the appellant. Ms. Shilpa Kamble i/by. Shukla & Shukla, Advocate for respondent no.1. Ms. Ramana Bagdadi i/by. Sumedha Rao, Advocate for respondent no.3. Mr. Madhav Jamdar, Advocate for respondent no.8. CORAM : D.K. DESHMUKH, & SMT. R.P. SONDURBALDOTA, JJ. DATED : 22nd JULY, 2010. P.C. :- 1. By consent of the parties, the order dated 28th February, 2007 passed by the learned Single Judge impugned in the appeal is set aside. Chamber Summons No. 369 of 2006 taken out in Suit No. 398 of 1974 and the Commissioner s Report on which this order has ’ been made are remitted back to the learned Single Judge for de- novo consideration and decision in accordance with law. The learned Single Judge shall also take into consideration alongwith the aforementioned Chamber Summons and the Commissioner s Report, ’ any proceedings that may have been taken out by Mahendra Shah, which may be pending or which may be taken out by Mahendra * 5 * Appeal-283/2009 Shah within a period of 4 weeks from today. Appeals disposed off. 2. The amounts that might have been deposited by the parties, shall continue to remain in deposit duly invested, until the matter is decided again by the learned Single Judge pursuant to this order. The learned Single Judge while disposing off those proceedings shall make appropriate orders in respect of both, the Chamber Summons and the Commissioner s Report. All contentions available to both ’ the sides are kept open. [D.K. DESHMUKH, J] [SMT. R.P. SONDURBALDOTA, J]