-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 9 OF 2009 IN NOTICE OF MOTION NO. 1558 OF 2007 IN SUIT NO. 1193 OF 2007 Dr Sunil Rebello ).. Appellant Versus Neeraj Maheshwari and another ).. Respondents Mr U J Makhija i/b Mr Denzil D'mello for the Appellant. Mr R Z Moray a/w Mr Santosh Shetty i/b T S Shetty for the Respondents. CORAM : SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. DATED : 12TH JANUARY 2009 P.C. The challenge in the present Appeal is to the order dated 2nd June 2008 passed by the learned Single Judge in Notice of Motion No. 1558 of 2007. During the course of hearing, the learned Counsel appearing for the parties agreed that the Appeal could be disposed of by a consented order. The agreed terms are : (i) The order impugned in the present Appeal be set aside limited to the extent that, the ad-interim order may continue, but the Notice of Motion may be heard -2- by the learned Single Judge on merits. (ii) Liberty be granted to the learned Counsel appearing for the parties to pray before the learned Single Judge for hearing of the Notice of Motion expeditiously. 2. We find the aforesaid terms to be just, fair and reasonable. Appeal disposed of by the consented order. No order as to costs. 3. Ad-interim order granted earlier to continue till the disposal of the Notice of Motion. 4. In view of the disposal of the Appeal, nothing survives in Notice of Motion No. 110 of 2009 and the same is disposed of as infructuous. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.