1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.143 OF 2006 IN APPEAL FROM ORDER NO.454 OF 2003 Narendra V. Gursahabi & Ors. ..Applicants. V/s. Kay Ess Air Services Pvt.Ltd. & Ors. ..Respondents. Mr.P.C.Kansara i/b Mr.Zubin Dalal for applicants. Mr.B.V.Phadnis for Respondents. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 14, 2006. DATE : FEBRUARY 14, 2006. DATE : FEBRUARY 14, 2006. P.C. : P.C. : P.C. : 1. It is agreed between the parties that if the R & P is returned to the trial court forthwith, the parties will pursue the remedy of suit before the trial court which is now slated to proceed on 20th February, 2006. Accordingly, this application is disposed of with direction to the Registrar (Judicial) of this court to ensure that R & P of the present case is returned to the trial court in the course of this week without fail, if necessary by special messenger, so as to ensure that the trial court will proceed with the case on 20th February, 2006, if so advised. 2. Copy of this order be sent forthwith to the 2 concerned authorities.