IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.899 OF 2008 IN APPEAL NO.617 OF 2003 IN NOTICE OF MOTION NO.576 OF 2003 IN SUIT NO.3799 OF 1998 Sakinabai Qutubuddin Khokhar & Ors. .... Appellants Vs. Messrs. Carona Limited .... Respondents Shri Behram Shroff, Senior Counsel, with Ms Tasneem Zaidy i/b M/s. Zaidy & Co. for the Appellants. Sarvasri Arif Bookwala, Senior Counsel, with A.B. Dubey i/b M/s. Bharat Vaishnawa & Co. for the Applicants/Respondents. CORAM: CORAM: CORAM: SRI R.M.S. KHANDEPARKAR & SRI R.S. MOHITE, JJ. DATED: DATED: DATED: MARCH 31, 2008 P.C: P.C: P.C: The learned counsel for the applicants, who are the respondents in the appeal, states that the applicants desire to withdraw the notice of motion as the point of jurisdiction which is sought to be raised by the present notice of motion is essentially required to be raised before the trial Court and for that purpose this notice of motion in the appeal needs to be withdrawn. The notice of motion is accordingly allowed to be withdrawn in order to enable the applicants to take appropriate steps before the trial Court. Order accordingly. (R.S.Mohite, J.) (R.M.S.Khandeparkar, J.) sjs/M8nmg899.8 sjs/M8nmg899.8 sjs/M8nmg899.8 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.617 OF 2003 IN NOTICE OF MOTION NO.576 OF 2003 IN SUIT NO.3799 OF 1998 Sakinabai Qutbuddin Khokhar & Ors. .... Appellants Vs. Messrs. Carona Limited .... Respondents Shri Behram Shroff, Senior Counsel, with Ms Tasneem Zaidy i/b M/s. Zaidy & Co. for the Appellants. Sarvasri Arif Bookwala, Senior Counsel, with A.B. Dubey i/b M/s. Bharat Vaishnawa & Co. for the Respondents. CORAM: CORAM: CORAM: SRI R.M.S. KHANDEPARKAR & SRI R.S. MOHITE, JJ. DATED: DATED: DATED: MARCH 31, 2008 P.C: P.C: P.C: The learned counsel for the respondents states that the respondents do not want to challenge the appeal against the impugned order and, therefore, the appeal be allowed. By consent, therefore, the appeal is allowed and the impugned order is hereby quashed and set aside with no order as to costs. The appeal stands disposed of. Needless to say that in view of disposal of the appeal, as above, the report of the Court Receiver which was submitted before the learned single Judge regarding the monthly royalty amount stands and it will be the duty of the parties to comply with the same. In case the same is not complied with, the respondents shall do the needful within a period of eight weeks. (R.S.Mohite, J.) (R.M.S.Khandeparkar, J.) sjs/M8nmg899.8 sjs/M8nmg899.8 sjs/M8nmg899.8