KBP 6419-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6419 OF 2009 Micro Technologies (I) Ltd. and anr. ..Petitioner Vs. Haware Engineers and Builders Pvt. Ltd. ..Respondent ......... Mr.Venkatesh Dhond and Mr.Ashish Kamat i/b.Ms.Jai Kanade, for petitioners. Mr.Atul Rajadhyaksh, Senior Counsel, Mr. Vineet B. Naik a/w. Mr.Akhilesh Dubey, i/b.M/s.Tripathi & Co., for respondent no.1. Mr.S.U.Kamdar, Senior Counsel a/w.Mr.Vagish Mishra, for respondent no.2. ......... CORAM : A.S.OKA, J.. DATE : 15 th SEPTEMBER, 2009. P.C. : 1] Heard learned Counsel for the petitioners, the learned Senior Counsel for the first respondent and the learned senior counsel for the second respondent. 2] By consent of the parties, the Writ Petition is disposed of by passing the following order:- (a) The impugned order dated 20 th July, 2009 is quashed and set aside. (b) The trial Court shall immediately proceed to settle the issues in both the suits as there is a direction issued by the Apex Court for disposal of the suit within six months. (c) After the issues are settled, the trial Court will examine KBP 6419-09.sxw 2 whether the power under Sub-Rule 2 of the Order 14 of the Code of Civil Procedure, 1908, deserves to be exercised by directing that any of the issues should be heard as a preliminary issue. The trial Court shall hear the parties and pass appropriate order in that behalf. (d) All contentions of the parties are kept open. ( A.S.OKA, J. )