: 1 : nms-1361-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1361 OF 2010 IN SUIT NO. 2082 OF 1988 Vaz Forwarding Pvt. Ltd. & Anr. .. Plaintiffs v/s. State Bank of Patiala and Ors. .. Defendants WITH NOTICE OF MOTION NO. 1437 OF 2010 IN SUIT NO. 1546 OF 1988 State Bank of Patiala .. Plaintiff v/s. Belmont Properties Pvt. Ltd. & Ors. .. Defendants ......... Mr. M.S. Soctor with Nimay Dave i/by B. Munim & Co. for the plaintiffs in S-1546/88 and defendants in S-2082/88 Mr. S.S. Purohit with Sandeep Bhimekar i/by Wadia Ghandy & Co. for the plaintiffs in S-2082/88 and defendants in S-1546/88. ......... CORAM : R.Y.GANOO, J. DATE : 7th OCTOBER, 2010 P.C. : 1. Heard learned Counsel on both sides. Looking to the events which have been taken place leading to dismissal of the notices of motion, I am inclined to allow the motions. Hence, following order is : 2 : nms-1361-10=.sxw passed. ORDER (i) Motions are made absolute in terms of prayer clause (a). Suits are restored to the file of this Court. There shall be no order as to costs. (ii) Since these suits are interlinked and plaintiffs in Suit No.1546 of 1988 are seeking specific performance of the agreement in question, both the suits will have to be tried together. (iii) Evidence will be lead by plaintiffs in Suit No.1546 of 1988 first after they close their case, defendants i.e. Belmont Properties Pvt. Ltd. shall lead appropriate evidence so as to discharge the burden. (iv) Both the suits are adjourned to 24th November, 2010 for recording of evidence. (R.Y.GANOO, J.)