: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.1147 OF 2008 WITH CIVIL APPLICATION NO.1403 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.S.J. Chaurasia i/b M/s.Ashoka Law Firm for the Appellant. Mr.P.J. Thorat for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 17TH NOVEMBER, 2008. P.C. : 1. Admit and heard finally. 2. A preliminary objection about the maintainability of this Appeal from Order has been taken. 3. Further a preliminary objection has been taken to the effect that an application under Order VII Rule 11 of the C.P.C. is not maintainable on the grounds urged in the Notice of Motion. 4. The main ground on which the : 2 : application is supported is that the Respondent has not withdrawn the suit pending in the trial Court despite the statement recorded in an order dated 31.1.2008 passed by this Court in Appeal from Order No.85 of 2008. The statement was sought to be withdrawn by the Respondent by filing Civil Application No.495 of 2008 in the said Appeal from Order. That Civil Application was dismissed by this Court by an order dated 13.6.2008. The Respondent’s S.L.P. against the said order has been dismissed by the the Supreme Court by an order dated 26.8.2008 i.e. after the impugned order. 5. The Petitioner has also filed Contempt Petition No.145 of 2008 on the above ground. That would be the appropriate proceeding for considering the submission. 6. In the circumstances, the Appeal from Order is disposed of without expressing any view on the merits of the Respondent’s contention which will be considered at the hearing of the Contempt : 3 : Petition. The Civil Application is also disposed of.