-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.405 OF 2008 In NOTICE OF MOTION NO.2487 OF 2008 In SUIT NO.1937 OF 2008 Bazzardev Permeshwar Narain Sadh & Ors. : Appellants (Orig.Plaintiffs) V/s. Gyandev Permeshwar Narain Sadh & Ors. : Respondents (Orig.Defendants) ... Mr.I.M.Chagla, Senior Advocate, with Mr.J.P.Sen and Mr.N.A.Agarwal i/b. Mulla & Mulla & CBC for the appellants. Mr.S.U.Kamdar, Senior Advocate, with Mr.V.R.Dhon and Mr.B. Amin i/b. B. Amin & Co., for the respondents. ... CORAM : S.A.BOBDE & S.J.KATHAWALLA,JJ. DATE : OCTOBER 10, 2008. P.C. Appeal admitted. The learned counsel for the respondents waives service. Heard by consent. 2. Mr.Chagla, the learned counsel for the appellants, -: 2 :- points out that the observations of the learned Judge that the three documents in question do not represent any agreement between the parties is not well-founded. In fact, the agreements which are inter partes are ex facie signed by the parties and the distribution of properties thereunder has not taken place by or under any award passed by any Mediator, though there has been mediation. Mr.Kamdar, the learned counsel for the respondents, is not in a position to produce any award whereunder the properties have been distributed. In fact, it is not the case of the respondents that there is any award passed by any Arbitrator or Mediator in the matter. 3. In these circumstances, the order in appeal dated 13.8.2008 is hereby set aside. The matter is remanded back to the learned single Judge for fresh consideration of Notice of Motion, including the prayer for ad-interim relief, on merits. 4. Order accordingly. 5. Appeal stands disposed of. S.A. BOBDE, J. -: 3 :- S.J. KATHAWALLA, J.