=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.148 NO.148 NO.148 OF 2008 OF 2008 OF 2008 IN IN IN NOTICE NOTICE NOTICE OF OF OF MOTION NO.627 OF 2007 MOTION NO.627 OF 2007 MOTION NO.627 OF 2007 IN IN IN SUIT SUIT SUIT NO.90 NO.90 NO.90 OF 2006 OF 2006 OF 2006 Mr Mohamed Jaffer J. Merchant ...Appellant v/s M/s M. Surda Corporation and ors. ...Respodents Mr Prashant J. Pandit for Appellant. Mr D.R. Jariwalla with Mr U.P. Bobde for Respondents. CORAM CORAM CORAM : : : D.K. DESHMUKH AND A.A. SAYED JJ. D.K. DESHMUKH AND A.A. SAYED JJ. D.K. DESHMUKH AND A.A. SAYED JJ. DATE DATE DATE : 13TH JANUARY 2009 13TH JANUARY 2009 13TH JANUARY 2009 =2= P.C. :- 1. On a motion made by the learned counsel appearing for defendants, notice of motion No.627 of 2007 is permitted to be withdrawn. As a result of this, the order passed by the learned Single Judge in that motion, which is impugned in the appeal, does not survive for consideration. However, the learned counsel appearing for plaintiff states that for a period of twelve weeks from today, the plaintiff will continue to supply water to the defendants. The learned counsel appearing for defendants states that if any charges are demanded by the plaintiff for supply of water, they will be promptly paid. Statements are accepted. Appeal is disposed off. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( A.A. SAYED J.)