1 Spb/- IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL SIDE JURISDICTION APPEAL (LDG.) NO. 381 OF 2008 IN WRIT PETITOIN NO. 1195 OF 2007 Mr. Nazirkhan Sherkhan ... Appellant. (Org.Petitioner) Vs. The Metal Printers, Mumbai ... Respondent. --- Mr.N.M.Ganguli for the Appellant. MR. V.E. Pereira for the Respondent. --- CORAM: D.K.DESHMUKH AND V.R.KINGAONKAR,JJ. DATED: 17TH MARCH, 2010 P.C.: 1. By consent of the parties, the Appeal is disposed of on the following terms : 2. The order passed by the learned single Judge impugned in the Appeal, is set aside. Writ Petition No.1195 of 2007 is remitted back to the learned single Judge. Writ Petition No. 5506 of 2006 filed by the present respondent challenging the same order 2 is presently dismissed for default. The learned counsel appearing for the respondent says that he will make a civil application for restoration of that petition within the period of two weeks from today. The learned counsel appearing for the appellant states that in case an application for restoration of that writ petition is made within the period of two weeks from today, he will give no objection for restoration of that petition. If that happens, the office shall obtain appropriate orders from Hon ble the Chief Justice so that the writ petition no. 5506 of 2006 can be heard with the writ petition no. 1195 of 2007. 3. The Appeal is disposed of accordingly. (D.K.DESHMUKH,J.) (V.R.KINGAONKAR,J.) .....