1 WPNo.1887.11 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1887 OF 2011 M/s.Rukhana Associates ... Petitioner v/s E-Square Leisure P. Ltd. & ors. ... Respondents Mr.V.P.Sawant with Miss Usha Rahi i/by M/s.Mayur Narendra & Co. for the petitioner. Mr.Vivek Kantawala with Ms.Bhairavi Waravdekar i/by Vivek Kantawala & Co. for the respondents. CORAM: B.R. GAVAI, J. DATED: 30TH MARCH, 2011 P.C.: 1. I do not find any perversity in the order dated 3.3.2011 inasmuch as the said order is passed in consonance with the directions issued by this Court while deciding the First Appeal No.577 of 2010, on 2.7.2010 vide which the learned Division Bench has directed the suit to be proceeded from the stage of oral arguments. 2. The learned counsel for the petitioner, at this stage submits that they have already applied to the Division Bench 2 WPNo.1887.11 for modification/clarification of the order. Needless to state that, in the event, if any modification or clarification is made by the Division Bench in the order, the learned Trial Court would always be bound to take into consideration said modification or clarification. In any case, the petitioner can very well challenge the order impugned herein in the event they do not succeed in the suit and they are required to file an appeal afresh in view of provisions of Order 43 Rule 1(a) of the Code of Civil Procedure. 3. Writ petition rejected. 3 WPNo.1887.11