pvr １ a473-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.473 OF 2011 FROM NOTICE OF MOTION NO.1994 OF 2008 IN S.C.SUIT NO.3289 OF 2000 Shabbir @ Sabbir R.Tarwala ...Appellant vs. 1.Alihusein Rasulbhai Tarwala and Another. ...Respondents --- Mr.A.Y.Bookwala, Sr.Advocate with Ms.S.Shaikh i/b. M/s.S.K.Srivastava & Co.,for Appellant. Ms.Sonal B. i/b. Zoair & Co., for Respondent 1. Mr.D.D.Madan, Sr.Advocate with Mr.S.A.Sawant, for Respondent no.2. --- CORAM: D.K.DESHMUKH & ANOOP V. MOHTA, JJ. DATED: 23rd August,2011. P.C.:- 1. On a motion made by the learned Counsel appearing for defendant no.2, the notice of pvr ２ a473-11 motion taken out by defendant no.2 being Notice of Motion no.1994 of 2008 in Suit no.3289 of 2000 is permitted to be withdrawn with liberty to take out a fresh notice of motion for enhancement in the amount of royalty that the agent of the Receiver is presently paying. As a result of withdrawal of the notice of motion, the order passed thereon dated 15.4.2011 by the learned Single Judge of this Court, does not survive for consideration, rendering this appeal infructuous. The appeal is disposed of as such. (D.K.DESHMUKH, J.) (ANOOP V.MOHTA, J.)