1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL SIDE JURISDICTION APPEAL NO. 285 OF 2009 IN REVIEW PETITION NO.8 OF 2009 IN NOTICE OF MOTION NO. 3045 OF 2008 IN SUIT NO. 2612 OF 2008 Pradeep Laxmidas Merchant Alias Pamar Laxmidas Merchant. .. Appellant Vs Jitendra Laxmidas Merchant & Ors. .. Respondents -- Shri Rajiv Narula i/by M/s. J. Narula & Associates for the Appellant. Shri Sharan Jagtiani i/by Shiralkar & Co. for Respondent Nos.6 and 9. Shri D.H. Mehta i/by Pravin, M & Mithi & Co. for Respondent No.31. -- CORAM : SWATANTER KUMAR, C.J. & A.M. KHANWILKAR, J DATED : 22ND SEPTEMBER, 2009 P.C. After some argument, learned counsel appearing for the parties, on instructions, pray that the Appeal be disposed of by a consented order and agreed terms now are as follows:- (i) The order impugned in the present Appeal dated 28th April, 2009 in Review Petition No.8 of 2009 2 be set aside; (ii) This Review Petition be restored to its original number and listed for hearing afresh before the learned Single Judge at an early date; (iii) Liberty to the parties to pray before the learned Single Judge for expeditious disposal of the Review Petition as well as for grant of interim relief; 2. We find that the above agreed terms and conditions are otherwise just, fair and equitable. Thus, without prejudice to the rights and contentions of the parties, we pass the order in the terms afore-recorded terms and set aside the order dated 28th April, 2009 and direct the matter be listed before the learned Single Judge on Friday the 25th September, 2009. CHIEF JUSTICE A.M.KHANWILKAR, J