1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.1368 of 2010 Tube Tech Industries ... Petitioner versus The Tata Iron and Steel Co.Ltd. ... Respondent ... Mr.S.S.Kulkarni for the petitioner. Mr.S.V.Pitre i/b Manoj Wadekar & Associates for respondent CORAM : D.G. KARNIK, J. DATED : 25th June 2010 P.C. 1. Heard learned counsel for the parties. 2. By consent of the parties, following order is passed:- 3. In view of the fact that the plaint has been amended and original defendant which was shown as proprietary concern has been substituted by a partnership concern, the parties agree that the impugned order be set aside and is accordingly set aside. Respondent no.1 shall take steps for service of writ of summons on the partnership firm in accordance with law and thereafter may take out Summons for Judgment if the firm files an appearance. After the Summons for 2 Judgment is served on the partnership firm, it may file an appropriate affidavit-in-reply and/or make an appropriate application under Order 37 of the Code of Civil Procedure for leave to defend. All contentions are kept open. 4. Writ Petition is disposed of in the aforesaid terms. (D.G. KARNIK,J.)