1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5309 OF 2006 C.K.Kamath & Ors. .. Petitioners. Vs. SICOM Ltd. & Anr. .. Respondents. Mr.A.S.Khandeparkar with Mr.Warekar for the petitioners. Mr.Sanjay Kotak a/w Ms.Neelam P.Prasad for respondent no.1. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 13TH SEPTEMBER, 2006 DATED : 13TH SEPTEMBER, 2006 DATED : 13TH SEPTEMBER, 2006 P.C.: . Heard learned counsel for the petitioners and respondent no.1. 2. Rule, returnable forthwith. By consent of the parties taken up for final hearing. Mr.Kotak, learned counsel waives service for respondent no.1. 3. The learned counsel for the parties have agreed for the following order: . The order dated 6.6.2006 passed by the Assistant Registrar allowing the amendment, is set aside. The application for bringing the heirs and legal representatives of deceased defendant no.3 is restored to file. The tribunal shall decide the 2 2 2 application on merits in accordance with law expeditiously. While passing this order I shall not be understood to have examined the merits of the case. All contentions are kept open. . Rule is, accordingly, disposed of in the aforesaid terms. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)