1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO. 151 OF 2008 APPEAL FROM ORDER NO. 151 OF 2008 APPEAL FROM ORDER NO. 151 OF 2008 WITH CIVIL APPLICATION N. 190 OF 2008 IN NOTICE OF MOTION NO. OF 2008 IN S.C.SUIT NO. 272 OF 2008 Tara Ultimo Private Limited ... Appellant (Org. Defendant No.3) Versus Shabbir Hasan Khan & Ors. .. Respondents (Org.Defts. 1 & 2) Mr. Y.S.Jahagirdar, Senior Counsel, for Mr.R.C.Kaushik, Advocate,for the appellant. Mr.S.U.Kamdar,Senior Counsel, a/w. Mr. Manoj Mhatre,Advocate for the respondent No.1. Mr. R.S.Raman, Deputy Development Commissioner, SEEPZ, present. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. 2 DATE: 16th February,2008. DATE: 16th February,2008. DATE: 16th February,2008. P.C. P.C. P.C. 1. After some discussion at the Bar, with consent of the learned Counsel for the appellant, who is original defendant No.3 and the respondent No.1 who is the original plaintiff, the Appeal stands disposed of with the following directions :- (i) All the parties shall appear before the trial Court on 18.2.2008 and the parties who have not yet filed replies, shall submit the replies to the Notice of Motion. If possible, the Notice of Motion shall be heard and disposed of on the same day. If not possible, it shall be done on 20.2.2008. (ii) The plaintiff shall not remove the silt in the septic of defendant no.3 unless it starts overflowing and becomes necessary to maintain the cleanliness and that too not without obtaining the photograph to show that it was overflowing Defendant No.3 shall not remove the silt from the septic tank till 22nd 3 February,2008 or till the decision of the Notice of Motion. 2. Mr. R.S.Raman, Deputy Development Commissioner, SEEPZ, officer of respondent No.2 is present in Court and has taken note of this Order. 3. As the Appeal itself is disposed of, the Civil Application does not survive and stands disposed of accordingly. 4. Parties to act on the authenticated copy of this Order. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)