1 73 ao.1247.09 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1247 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. S.A.Sawant i/b Mr. Sunil Patel for the Appellant. Mr. Satyam Vaishnav and Anil Chauhan i/b Mr.M.N.Vaishnawa and Company for Respondent Nos.1 and 2. CORAM : A.S.OKA, J. DATE : 17 th March, 2011. P.C. 1 Heard the learned counsel appearing for the Appellant and the learned counsel appearing for Respondent Nos.1 and 2, who are the original plaintiffs. 2 Taken up for final hearing. Considering the controversy involved, presence of other respondents may not be necessary as they are the defendants and before the trial Court, interim relief has been sought only against the present Appellant. 3 The learned counsel appearing for the Appellant and the learned counsel appearing for Respondent Nos.1 and 2 agree that the impugned order be quashed and set aside and notice of motion may be made absolute in terms 2 73 ao.1247.09 of prayer clause (a). 4 In view of the aforesaid statements, the appeal is disposed of by passing the following order: i. The impugned order dated 3 rd October, 2009 is quashed and set aside ; ii. The Notice of Motion No. 834 of 2009 is made absolute in terms of prayer clause (a) thereof ; iii. All contentions of the parties on merit of the suit are expressly kept open ; iv. It is made clear that the statements recorded of the learned counsel appearing for the Appellant and the learned counsel appearing for Respondent Nos.1 and 2 are without prejudice to the rights and contentions of the parties in the main suit ; v. Civil Application No.1562 of 2009 does survive and the same is disposed of. [ A.S.OKA, J ]