vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4265 OF 2008 NOTICE OF MOTION NO.4265 OF 2008 NOTICE OF MOTION NO.4265 OF 2008 IN IN IN APPEAL (L) NO.730 OF 2008 APPEAL (L) NO.730 OF 2008 APPEAL (L) NO.730 OF 2008 IN IN IN CHAMBER SUMMONS NO.1294 OF 2008 CHAMBER SUMMONS NO.1294 OF 2008 CHAMBER SUMMONS NO.1294 OF 2008 IN IN IN SUIT NO.1968 OF 2008 SUIT NO.1968 OF 2008 SUIT NO.1968 OF 2008 M/s.Faldayni Realtors Pvt. Ltd. ... Appellant V/s. Parmanand T. Mawani & Ors. ... Respondents Mr.Dhintenra Mishra for Appellant Mr.Kedar Wagle for Respondent No.5 CORAM: SWATANTER KUMAR, CJ & SWATANTER KUMAR, CJ & SWATANTER KUMAR, CJ & DR.D.Y. CHANDRACHUD, J DR.D.Y. CHANDRACHUD, J DR.D.Y. CHANDRACHUD, J. DATED: JANUARY 9, 2009 JANUARY 9, 2009 JANUARY 9, 2009 P.C.: P.C.: P.C.: . The Counsel for the non-applicant has no objection. Consequently the application is allowed. Delay condoned. Notice of Motion is made absolute accordingly. (CHIEF JUSTICE) (DR.D.Y. CHANDRACHUD, J.) : 2 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.730 OF 2008 APPEAL (L) NO.730 OF 2008 APPEAL (L) NO.730 OF 2008 IN IN IN CHAMBER SUMMONS NO.1294 OF 2008 CHAMBER SUMMONS NO.1294 OF 2008 CHAMBER SUMMONS NO.1294 OF 2008 IN IN IN SUIT NO.1968 OF 2008 SUIT NO.1968 OF 2008 SUIT NO.1968 OF 2008 M/s.Faldayni Realtors Pvt. Ltd. ... Appellant V/s. Parmanand T. Mawani & Ors. ... Respondents Mr.Dhintenra Mishra for Appellant Mr.Kedar Wagle for Respondent No.5 CORAM: SWATANTER KUMAR, CJ & SWATANTER KUMAR, CJ & SWATANTER KUMAR, CJ & DR.D.Y. CHANDRACHUD, J DR.D.Y. CHANDRACHUD, J DR.D.Y. CHANDRACHUD, J. DATED: JANUARY 9, 2009 JANUARY 9, 2009 JANUARY 9, 2009 P.C.: P.C.: P.C.: . The learned Counsel for the appellant wishes to withdraw the appeal with liberty to raise all the grounds raised in the present appeal before the learned Single Judge in response to the notice to show-cause in the petition. 2. Appeal is accordingly allowed to be withdrawn with liberty as prayed for. We observe that the findings recorded in the impugned order would obviously not influence the Court while passing the final order. With regard to the rejection of Chamber summons, we make it clear that the observations made in the order would : 3 : not come in the way of the appellant herein, takes his own independent proceedings. 3. Appeal is accordingly disposed of. No order as to costs. (CHIEF JUSTICE) (DR.D.Y. CHANDRACHUD, J.)