gopi 1 APP-LODG.742-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY. ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL LODGING NO.742 OF 2011 IN NOTICE OF MOTION NO. OF 2011 IN SUIT LODGING NO.3019 OF 2011 Zenith Infotech Limited & Ors. ..Appellants V/s. The Bank of New York Mellon, London Branch & Ors. ....Respondents. Dr. Virendra Tulzapurkar, Senior Advocate with Mr. Gaurav Joshi, Nikhil Sakhardande, Sunil Gangan, Hemang Raythattha i/b. RMG Law Associates for Appellants. Mr.Janak Dwarkadas, Senior Advocate with Mr. Rahul Naricharia, Ahishekh Tiwari i/b.M/s.AZB Partners for respondent No.1. Mr. Venkatesh Dhond, Senior Advocate with V. Desai, Prateek Bajaria i/b. Nishish Desai for respondent No.4. CORAM: MOHIT S. SHAH, C.J., & MRS. ROSHAN DALVI, J. DATED : 14 November 2011. P.C. This appeal is directed against the order dated October 26, 2011 of the learned trial Judge of this Court in Notice of Motion in Suit Lodging No.3019 of 2011. 2. Mr. Dwarkadas, the learned counsel for the respondent No. 1, original plaintiff, submits that in the first place the appeal is not maintainable as the impugned order is not a judgment within the meaning of Clause 15 of the Letters Patent. Secondly, it is contended gopi 2 APP-LODG.742-11 that, it was at the request/suggestion of the appellants herein i.e. defendant Nos.1, 5 and 6 that the learned trial Judge did not record reasons for passing the impugned order. 3. In view of the above, we are of the view that it would be in the fitness of things if the appellants go back to the learned trial Judge and the learned trial Judge will consider the above submissions. If it was at the implied request/suggestion of the defendant Nos.1,5 and 6 that reasons were not recorded, the learned trial Judge will pass appropriate orders. 4. Appeal accordingly stands disposed of with this observation. (CHIEF JUSTICE) (MRS. ROSHAN DALVI, J.)