pvr １ a336-380-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.336 OF 2011 IN CHAMBER SUMMONS NO.551 OF 2011 IN SUIT NO.194 OF 2011 1.M/s.Magcon & Ors. ...Appellants vs. 1.Bombay Cranes Pvt.Ltd. & Ors ...Respondents AND APPEAL NO.380 OF 2011 IN NOTICE OF MOTION NO.229 OF 2011 IN SUIT NO.194 OF 2011 1.M/s.Magcon & Ors. ...Appellants vs. 1.Bombay Cranes Pvt.Ltd. & Ors ...Respondents --- Mr.D.D.Madan, Sr.Advocate with Mr.N.G.Thakkar, Sr. Advocate with Ms.Tanvi Gandhi, Mr.A.T.Suryavanshi i/b. Makrand Gandhi & Co., for Appellants. Mr.M.U.Pandey, for Respondent no.1. pvr ２ a336-380-11 Mr.Shardul Singh i/b. Ms.Sushma Singh, for Respondent no.2. Mr.Prakash Shinde i/b. MDP & Partners, for Respondent no.3. Mr.V.V.Khemka, for Respondent no.5 in Appeal no. 336/11. --- CORAM: D.K.DESHMUKH & ANOOP V. MOHTA, JJ. DATED: 16th August,2011. P.C.:- 1. These appeals are not on board for final hearing. By consent of parties, they are taken on board for final hearing and heard finally. Both the appeals are filed by the same party i.e. Original plaintiffs. Defendant no.1-Respondent No.1 is represented by Advocate Mr.M.U.Pandey. Defendant no.2-Respondent no.2 is represented by Advocate Mr.Shardul Singh. Defendant no.3- Respondent no.3 is represented by Advocate Mr.Prakash Shinde, and Mr.Jayesh Shah, Partner of pvr ３ a336-380-11 Defendant no.4-Respondent no.4 is present. In appeal no.336/11, all the parties are represented by the same persons except Respondent no.5-Zenith Computers Ltd. The Respondent no.5-Zenith Computers Ltd. is represented by Advocate Mr.V.V.Khemka. 2. By consent of parties, the order passed in chamber summons no.551 of 2011 as also the order passed in notice of motion no.229 of 2011 both in suit no.194 of 2011, by the learned Single Judge of this Court which are impugned in these appeals are set aside. The Chamber summons and the Notice of Motion are remitted back to the learned Single Judge for denovo consideration and decision in accordance with law. The learned Single Judge is requested to hear the chamber summons and the notice of motion together. During the pendency of the notice of motion and the chamber summons, ad-interim injunction restraining the Defendants in Suit no.194 of 2011 pvr ４ a336-380-11 from creating any third party rights in respect of the property described in Exhibit A to the Plaint and in respect of the shares described in prayer clause (b) of Notice of Motion no.229 of 2011 shall operate. This order is passed by consent of both the sides in both the appeals. Both the appeals are disposed of. As both the appeals are disposed of, Notice of Motion no.2323 of 2011 in Appeal no.336 of 2011 and Notice of Motion no.2293 of 2011 in Appeal no.380 of 2011 do not survive for consideration and disposed of as such. (D.K.DESHMUKH, J.) (ANOOP V.MOHTA, J.)