1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4005 OF 2009 New Phaltan Sugar Works Ltd. .. Petitioner Versus Saswad Mali Sugar Ltd. .. Respondent Mr.Sanjeev Kadam for petitioner Mr.Sugandh Deshmukh for respondent. CORAM : S.C.DHARMADHIKARI, J. DATE : 23rd April 2009. P.C. . Mentioned not on board. Taken up by consent of parties. Petitioner is aggrieved by an order passed by the Court below allowing an application (Exh.65) in Special Civil Suit No.117 of 2004. 2. The respondent - plaintiff filed the suit against petitioner - defendant for recovery of an amount of Rs.87 lakhs and odd towards the price 2 of sugarcane. During the pendency of the suit this application was made and the Court below directed attachment of a sum of Rs.39,58,184/-. The Commissioner of Sugar, Pune was directed to deposit this amount in the trial court. 3. It is not necessary to go into the rival contentions as it is not seriously disputed before me that the matter was taken up by the trial court out of turn as is clear from a reading of para 4 of the order. The grievance of the petitioner is that they had no notice of the hearing of the application nor any liberty was granted of being heard prior to a drastic order being made. 4. The matter was placed before me earlier at which state I had directed respondent’s Counsel to take instructions. Today, Counsel appearing for parties state that without prejudice to their rights and contentions they 3 would be agreeable to the impugned order being quashed and set aside and restoration of the application (Exh.65) before the trial court for being heard afresh, after giving an opportunity to both sides. Accordingly, the impugned order is quashed and set aside. Application (Exh.65) is restored to the file of the Court below. The Court below should pass an order on this application afresh and without being influenced by any of the observations made earlier. Until this application is heard and disposed of Commissioner of Sugar should retain the sum of Rs.39,58,184/- with him and not disburse the same to either parties. Petition disposed of. (S.C.Dharmadhikari, J)