jpc wp7919-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 7919 OF 2011 Cethar Vessels Limited ... Petitioner Versus Shri Vighnahar Sahakari Sakhar Karkhana Ltd. ... Respondent Mr. R. D.Soni a/w Mrs. Trupti J. Gohil for the petitioner Mr. Vijay Patil aw Mr. Nitin Dhumal for the respondent CORAM: R. M. SAVANT, J. DATED : 11th November, 2011 P.C. : 1. The above Writ Petition takes exception to the order dated 12th August, 2011, which is also a subject matter of Civil Revision Application No. 689 of 2011. The said order is passed on applications Exh.16 and Exh.18 in Spl. Civil Suit No. 1863 of 2010. In so far as Exh. 18 is concerned, the order passed thereon has been impugned in this petition. The said Application Exh.18 was filed under Section 9A of the Code of Civil Procedure. 2. In view of the order passed today in Civil Revision Application No. 689 of 2011 whereby Exh.16 is remanded back to the trial Court for jpc wp7919-11.sxw 2 a denovo consideration, the legality and propriety of the order to the extent of Exh.18 need not be gone into at this stage as, ultimately, Application Exh.16 would have a bearing on the aspect whether the suit filed by the respondent herein is maintainable. Hence, by reserving the rights of the petitioner to challenge the said order to the extent of Exh. 18 at a later stage, if the need so arises, the above Writ petition is disposed of. (R. M. SAVANT, J.)