1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1211 OF 2009 M/s. Sujata Computers Pvt. Ltd. ...Appellant vs M.S. Bidve Engineering College. ...Respondent Mr. R.D. Soni i/b M/s. Ram & Co. for the appellant. Mr. N.K. Tejas Dande for the respondent. CORAM : V.R. KINGAONKAR, J. DATED : 16 TH APRIL, 2010 P.C. : 1. Heard counsel for the parties. 2. By consent, the impugned judgment rendered by the trial court is set aside the the Special Civil Suit No.1572 of 2005 is restored to its original position. 3. The appellant be granted liberty by the trial court to cross- 2 examine the witness of the respondent/defendant whose affidavit has been filed. The trial court shall duly consider the purport of the letter and the receipts and other material. The parties are directed to appear before the trial court on 30th April, 2010. 4. The record and proceedings shall be immediately sent back to the trial court. The trial court shall endeavour to dispose of the suit within a period of three months after receipt of the record and proceedings and shall decide the issues de- novo on the available material and on its own merits. 5. The First Appeal is, accordingly, disposed of. No costs of this Appeal. (V.R. KINGAONKAR, J.)