IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6321 OF 2008 Stallion Logistics & Beverages Pvt.Ltd. ...Petitioners V/s. Pradip Jugal Khanna & Anr. ...Respondents ...... Mr.M.P.Vashi i/b M/s.M.P.Vashi for Petitioners. Mr.G.S.Godbole with Mr.M.S.Dehlvi i/b Negandhi Shah & Himayatullah for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JANUARY 7, 2009. JANUARY 7, 2009. JANUARY 7, 2009. P.C. 1. After hearing Counsel for the parties for some time, having regard to the fact that the Respondents had not asked for interim relief of stay of operation of Judgment and Decree passed by the Trial Court, Counsel appearing for the Respondents on instruction, in all fairness, submitted that the Respondents would prefer to withdraw the application which was filed before the Appellate Bench of Small Causes Court being interim : 2 : notice No.8/2008 in Appeal No.504 of 2008 with liberty to the Respondents to file fresh application for the same and further reliefs as may be advised which in turn will have to be decided on its own merits. Counsel for the Petitioners has no objection to allow the Respondents to withdraw the stated interim notice and to file a fresh interim notice for same or further reliefs to be decided by the Appellate Court, on its own merits in accordance with law uninfluenced by any observations made in the impugned Judgment or for that matter, the present order. Request made by the Petitioner is accepted. 2. It is made clear that the impugned Judgment is deemed to have been set-aside in terms of this order. Accordingly this Petition is disposed of with liberty to the Respondents to take out fresh interim notice for same, similar or further reliefs, which interim notice will be decided on its own merits in accordance with law. 3. If and when the Respondents file fresh application in terms of liberty given in this : 3 : order, the same shall be expeditiously disposed of not later than two months from the date of presentation. The Petitioners through Counsel assures to extend full cooperation for early disposal of that application. That assurance is accepted.