-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 363 OF 2010 with NOTICE OF MOTION NO. 1695 OF 2010 Pankaj Anatrai Bhuwa & Ors. ..Petitioners. Versus M/s. Ramkumar Shichandray & Others. ..Respondents. Mr. A. Y. Bookwala, Sr. Advocate a/w D. H. Mehta i/b Mr. R. M. Tiwari for the appellants. Mr. Uday Bobde with V. M. Jahveri for the respondents. Coram : D.K. DESHMUKH & RANJIT MORE, JJ. Date : July 21, 2011. P. C. : 1. By consent of parties, the appeal is disposed of in following terms. The judgment and order impugned in the appeal is set aside. Suit is remitted back to the learned Single Judge for trial and hearing. It is agreed between the parties that the defendant is to be given an opportunity to lead oral evidence. Learned Single Judge shall therefore take appropriate steps and thereafter dispose of the suit in accordance with law. All contentions available to both srp -: 2 :- sides are kept open. Parties are also at liberty to file additional documents as also to move the learned Single Judge for re-framing of issues. Learned Single Judge is requested to dispose of the suit expeditiously. 2. In view of the disposal of the appeal, notice of motion does not survive and it is accordingly disposed of. (Ranjit More, J.) (D.K.Deshmukh, J.)