1 app591.09.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 591 OF 2009 IN NOTICE OF MOTION NO. 1151 OF 2009 IN SUIT NO. 712 OF 2009 Samrathmal P. Seth & Ors. ....Appellants Vs. Vasanji Ramji Shah & Ors. ......Respondents Mr. Janak Dwarkadas, Sr. Advocate with Mr. Chirag Balsara i/by M/s. Divya Shah Associates for the Appellants. Mr. P.K. Dhakephalkar, Sr. Advocate i/by Mr. Manoj N. Nikose for Respondent Nos. 1,2 and 5 to 7. Mr. P.K. Dhakephalkar, Sr. Advocate i/by Ms. J.D’Silva for Respondent Nos. 3 and 4. Mr. E.P. Bharucha, Sr. Advocate i/by Mr. A.G. Damle for Respondent No.8. CORAM : D.K. DESHMUKH AND ANOOP V. MOHTA, JJ. DATE : 8th MARCH, 2011. P.C.: The Appeal is disposed of by consent of the parties, in following terms:- (i) The order impugned in this Appeal, is set aside. 2 app591.09.sxw ssm (ii) Notice of Motion No. 1151 of 2009 is remitted back to the learned Single Judge for de-novo consideration and decision in accordance with law. (iii) All the contentions of both the parties are kept open. (iv) During the pendency of the Motion, the interim order shall continue to operate. (v) The learned Single Judge is requested to hear the Motion at an early date. (vi) The learned Single Judge may permit the parties to file additional affidavits. (ANOOP V. MOHTA, J.) (D.K. DESHMUKH, J.)