1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 504 OF 2008 IN NOTICE OF MOTION NO.3974 OF 2008 IN SUIT NO.3570 OF 2004 Madhav Subraya Shenoy & Anr. .. Appellants Vs Madhukar Anant Vaity & Ors. .. Respondents -- Shri P.M. Havnur for the Appellants. Shri K.B. Adyanthanya i/by Shri U.S. Shetty for Respondent Nos.53 and 54. Shri D.D. Madan, Sr.Advocate i/by Wadia Ghandy & Co. for Respondent Nos.56 and 57. Shri A.G. Damble for Respondent No.58. -- CORAM : SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J DATED : 11TH FEBRUARY, 2009. P.C. It is brought to the notice of this Court that the Notice of Motion itself was fixed on board on 15th December, 2008 before the learned Single Judge. However, the same has not reached. 2. Liberty to learned Counsel appearing for the Appellants to make a request before the learned Single for expeditious hearing of 2 the said Notice of Motion. We make it clear that the observations made in the impugned order are tentative and the learned Single Judge shall not be influenced by the order while deciding the Notice of Motion. 3. The Appeal accordingly stands disposed of. CHIEF JUSTICE D R. D.Y. CHANDRACHUD, J