1 app1204-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.1204 OF 2010 Ms.Nisha Chainani & Anr. ....Appellants V/s. Procam International Limited & Anr. ....Respondents Mr.R.K. Kharawala for the Appellant. Mr.Kunal Vajani with Mr.Kunal Vaishnav i/b M/s.Wadia Ghandy & Co. for the Respondent. CORAM : MOHIT S. SHAH, C.J. AND S.J. VAZIFDAR, J. MONDAY 7TH FEBRUARY 2011. P.C. :- 1. It transpires from the order dated 14.10.2010 that another division bench of this Court observed that it was agreed by both sides that irrespective of whether the order impugned herein was by consent or otherwise, both the sides are willing to address the Court on the merits of the matter. The Court therefore, did not think it necessary to go into the larger question as to whether actually consent was given by the appellants or not. 2. Having heard the learned counsel for the parties, it appears to us that since the parties have agreed to address the court on merits, it 2 app1204-10 would be convenient that the matter is remitted back to the learned Judge hearing Notice of Motion No.483 of 2009 afresh on merits. The affidavit in reply dated 5.10.2010 of the Defendants/Appellants in Notice of Motion No.483 of 2009 shall be taken on record and re- joinder, if any of the plaintiff shall be filed within two weeks from today. The learned Judge shall hear Notice of Motion No.483 of 2009 afresh without being influenced by the order under appeal which is hereby, by consent, set-aside. 3. With the above clarification, the appeal is accordingly disposed of. CHIEF JUSTICE S.J. VAZIFDAR, J.