1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.308 OF 2009 IN NOTICE OF MOTION NO.415 OF 2009 IN SUIT NO.172 OF 2009 M/s.Deep Construction Co. .... Appellant V/s. Jitendra Narayanbhai Patel and Anr. ..... Respondents Mr.Sagar Divekar i/by M/s.Wadia Ghandy & Co., for the appellant. Smt.Savita Yadav i/by M/s.J.J.Thakkar, for respondent No.2. CORAM :P.B.MAJMUDAR, & R.V.MORE, JJ. DATE : DECEMBER 01, 2009 P.C. 1. The learned counsel for the appellant submitted that the appellant has preferred fresh Notice of Motion before the learned Single Judge by joining defendant No.2. It is submitted by the learned counsel for the appellant that in order to proceed with the notice of motion which is filed by the appellant, he would like to withdraw this appeal. Permission is granted. The notice of motion preferred by the appellant may be decided by the learned Single Judge on its own merits without being influenced by the observations made in the impugned order. It is clarified that we have not expressed any opinion so far as the impugned 2 order passed by the learned Single Judge is concerned. 2. In view of what is stated above, the appeal is disposed of as withdrawn. ( R.V.MORE, J. ) ( P.B.MAJMUDAR, J.)