pvr 1 appl699-10 IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODG) NO.699 OF 2010 IN NOTICE OF MOTION NO.1050 OF 2010 IN SUIT NO.998 OF 2010 1.Aktar Qureshi @ Aktar Kamlu Qureshi & Anr. ...Appellants vs. 1.Gazebo Restaurant & Departmental Store Pvt.Ltd. & Anr. ...Respondents --- Mr.S.Y.Mulani i/b. Mulani & Co., for Appellants. Mr.Mukesh Vashi, for Respondents. --- CORAM: D.K.DESHMUKH & K.K.TATED, JJ. DATED: 23rd February,2011 P.C.: 1. Admit. 2. Heard finally by consent of parties. By consent of parties the order impugned in the pvr 2 appl699-10 Appeal is set aside. The learned Single Judge is requested to decide the notice of motion afresh. First, the learned Single Judge shall frame preliminary issue as required by the provisions of Section 9A of the Civil Procedure Code as objection to the jurisdiction has been raised. Depending on the decision on the preliminary issue, the notice of motion shall be decided. The learned Single Judge is requested to take up the matter on priority basis and hear it as expeditiously as possible within a period of three months from today. The appeal is disposed of. (D.K.DESHMUKH,J.) (K.K.TATED,J.)