- 1 - 915-wp-7185-2011 srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7185 OF 2011 Mrs. Marjorie Passanah & Another .. Petitioners. V/s. Mrs. Mumtaz I.Shaikh .. Respondent. Mr. V. S. Talkute, for Petitioners. Mr. R. S. Patil i/b. Divya Shah Associates, for Respondent. CORAM : G.S.GODBOLE,J. DATE : 11th OCTOBER, 2011. P.C. 1 RULE. Rule made returnable forthwith and by consent, heard finally. Mr. Patil waives service of Rule on behalf of Respondent. 2 By consent of the parties, following order is passed:- (i) Impugned Judgment and Order is quashed and set aside. Petitioners are permitted to produce the bill issued by Airtel dated 3rd June, 2010 for the period 2nd May, 2010 to 1st June, 2010 before the Appellate Court in Appeal No. 326 of 2007. - 2 - 915-wp-7185-2011 (ii) Liberty is granted to the Petitioners to move before the Appellate Court for clarification of the order dated 18th September, 2010 passed below Exhibit 14 in Appeal No.326 of 2007 in so far as the said order has not specifically referred to the bill dated 3rd June, 2010 issued by the BEST in the name of Mr. Khalid S. Qureshi. (iii) Hearing of the Appeal is expedited. Appellate Court is directed to hear and dispose off the Appeal on or before 29th February, 2012. 3 The Petitioners will be free to examine the Advocate who has sent letter dated 9th June, 2010 to Mrs. Mumtaz I. Shaikh. The order for expeditious hearing is passed on account of the assurance given by the Petitioners through Advocate that the Petitioners will co-operate for early disposal of the Appeal and unnecessary adjournment will not be sought. This assurance is also accepted. Rule made absolute in the aforesaid terms with no order as to costs. (G.S.GODBOLE,J.)