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 ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.633 OF 2001 APPEAL NO.633 OF 2001 APPEAL NO.633 OF 2001 IN IN IN NOTICE OF MOTION NO.1063 OF 2001 IN ADMIRALTY SUIT NO.26 OF 1999 Patel Wood Syndicate .. Appellant V/s Hyperion Navigation Corpn & Ors. .. Respondents Mr.V.K.Rambhadran with Ms.V.M.Daver for Appellants. Mr.Rahul Narichania with Mrs.Bharati Narichania i/by Vibha Jurisconsult for Respondent No.4. CORAM : DR.S.RADHAKRISHNAN, & CORAM : DR.S.RADHAKRISHNAN, & CORAM : DR.S.RADHAKRISHNAN, & ANOOP V.MOHTA, JJ. ANOOP V.MOHTA, JJ. ANOOP V.MOHTA, JJ. DATE : 29th January, 2008. DATE : 29th January, 2008. DATE : 29th January, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Counsel for the Appellant and the learned Counsel for Respondent No.4. Both the learned Counsel categorically state that the presence of Respondent Nos.1 to 3 is not necessary in this matter. After hearing both the learned Counsel for sometime, by consent of both the learned Counsel, the impugned order dated 27.06.2001 passed by the learned Single Judge in Notice of Motion No.1063 of 2001 is set aside. 2. Suit to proceed for trial even against Defendant No.4. Defendant No.4 shall file its written statement within a period of eight weeks from today. Both the parties to complete discovery and inspection within a period of six weeks thereafter. 3. Appeal stands disposed of accordingly. (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, J.) (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, J.) (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, J.)