:1: bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.4480 OF 2007 OF MOTION NO.4480 OF 2007 OF MOTION NO.4480 OF 2007 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO.3530 OF 2000 OF MOTION NO.3530 OF 2000 OF MOTION NO.3530 OF 2000 IN IN IN APPEAL APPEAL APPEAL NO.1065 OF 2000 NO.1065 OF 2000 NO.1065 OF 2000 IN IN IN SUIT SUIT SUIT NO.1294 OF 1986 NO.1294 OF 1986 NO.1294 OF 1986 Prakash Narsing Shah & Ors. ..Appellants Vs. Kishore Narsingh & Hiralal Shah & Ors. ..Respondents Mr.V.A.Thorat, Senior Advocate with B.N.Vaishnawa with A.B.Dubey, Amit Kasbe i/b.M/s.Bharat Vaishnawa & Co. for the Appellants. Mr.N.Engineer with N.C.Parekh i/b. Mansukhlal Hiralal & Co.for Respondent Nos.1 to 3. Mr.P.K.Samdani with Kavita Shah for Respondent No.4. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & ANOOP ANOOP ANOOP V.MOHTA,JJ. V.MOHTA,JJ. V.MOHTA,JJ. DATE DATE DATE : 1ST FEBRUARY,2008 : 1ST FEBRUARY,2008 : 1ST FEBRUARY,2008 P.C. P.C. P.C. 1. Heard the learned Senior Counsel for the Appellants, the learned Counsel for Respondent Nos.1 to 3 and the learned Counsel for Respondent No.4. After hearing the parties for some time, the learned Senior Counsel Mr.V.A.Thorat appearing on behalf of the original Appellants, on instructions from Mr.Prakash N.Shah, the Appellant No.1 who is personally present in the Court, states that the Appellants have not transferred and also will not transfer the business run in the name and style of "Stylish & Company" in Shop Nos.4,5,6 and 7 near Khar Railway Station, Khar, Mumbai (now reconstructed as Shop No.5,6,7 and 8), till the disposal of the above Appeal. Statement accepted. :2: 2. In view of the above statement, Mr.Engineer, the learned Counsel appearing on behalf of Respondent Nos.1 to 3 does not press the above Notice of Motion and also does not press any action against Respondent No.4. 3. All contentions of all the parties are expressly kept open, as the same can be agitated at the final hearing of the above Appeal. 4. In view of the above, nothing further survives in the above Notice of Motion, the same stands disposed of. (ANOOP (ANOOP (ANOOP V.MOHTA,J.) V.MOHTA,J.) V.MOHTA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)