1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION JUDGES ORDER NO.74 OF 2010 IN SUIT NO.353 OF 2009 Bastin Constructions ..Plaintiff versus Mr. Nusli N. Wadia & Ors ..Defendants Mr. Sharan Jagtiani i/b Mahimture & Co. for Plaintiff Mr. Navroj Seervai, Sr. Counsel a/w Mr. Shrikant Doijode a/w Ms. Falguni Thakkar i/b Doijode & Associates for the Defendants CORAM : V. M. KANADE, J. DATED : 24th FEBRUARY, 2010. P.C. : 1. Senior Counsel appearing on behalf of the Defendant has raised preliminary objection regarding the maintainability of the property. 2. It is interalia submitted that the Defendants have a serious objection regarding the maintainability of the Judges Order. 3. In view of the objection taken out by the Counsel appearing on behalf of the Defendants, the Counsel appearing on behalf of the Plaintiff seeks a leave of this Court to withdraw the Judges order with liberty to take out appropriate proceedings. The Judges order is 2 allowed to be withdrawn with liberty as prayed. The rights and contentions of both the parties are kept open. (V.M.KANADE, J.)