1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.338 OF 2011 IN MISC. PETITION NO.63 OF 2010 IN PETITION NO.566 OF 2008 Martin Borchert .. Appellant V/s Arzan Khambatta & Anr. .. Respondents Mr.Dinyar Madan, Sr.Advocate with Mr.Siddhesh Bhole, Mr.Priyan Dhamankar and Mr.Kathleen Lobo i/by Mr.Siddhesh Bhole for the Appellant. Mr.J.F.Pochkhanwala, Senior Advocate i/by Mr.Aditya Chitale for the Respondents. CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATE: 4th August, 2011. P.C.: Admit. Heard finally by consent of the parties. Learned counsel appearing for both sides are agreed for disposing of the appeal in following terms. No reasons are necessary to be recorded. (i) Order dated 18.04.2011/ 28.04.2011 passed by the learned Single Judge of this Court in Misc. Petition No.63 of 2010 is set aside. 2 (ii) Misc. Petition No.63 of 2010 is remitted back to the learned Single Judge for de novo hearing and decision in accordance with law. (iii) All contentions available to both sides are kept open. (iv) On behalf of the Respondents it was claimed that the Appellant is guilty of suppression of material documents. We have not gone into that issue in view of the order that we have passed. It will be open to the Respondents to urge that issue before the learned Single Judge. Appeal is disposed of. (R.G.KETKAR, J.) (D.K.DESHMUKH, J.)