IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION APPEAL APPEAL APPEAL FROM ORDER NO.64 OF 2008 FROM ORDER NO.64 OF 2008 FROM ORDER NO.64 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.75 OF 2008 CIVIL APPLICATION NO.75 OF 2008 CIVIL APPLICATION NO.75 OF 2008 --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Office Office Office Notes, Office Notes, Office Notes, Office Court’s Court’s Court’s or Judge’s or Judge’s or Judge’s Memoranda Memoranda Memoranda of Coram, of Coram, of Coram, order order order appearance, appearance, appearance, Court’s orders Court’s orders Court’s orders or or or directions & Registrar’s directions & Registrar’s directions & Registrar’s orders orders orders -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- Mr.R.B.Jagtap Mr.R.B.Jagtap Mr.R.B.Jagtap and Mr.Ashok B.Tajane for and Mr.Ashok B.Tajane for and Mr.Ashok B.Tajane for Appellant Appellant Appellant Mr.D.V.Merchant, Mr.D.V.Merchant, Mr.D.V.Merchant, Sr.Adv a/w Mr.Jazdar Sr.Adv a/w Mr.Jazdar Sr.Adv a/w Mr.Jazdar and and and Mr.A.K.Khatri i/b Pravin Mithi Mr.A.K.Khatri i/b Pravin Mithi Mr.A.K.Khatri i/b Pravin Mithi & Co for Respondent Co for Respondent Co for Respondents Coram: Coram: Coram: J.H.Bhatia, J J.H.Bhatia, J J.H.Bhatia, J Date: Date: Date: 13th March, 13th March, 13th March, 2008 2008 2008 The The The learned counsel for the appellant learned counsel for the appellant learned counsel for the appellant seeks seeks seeks to withdraw the appeal with liberty to to withdraw the appeal with liberty to to withdraw the appeal with liberty to move move move an application for amendment in the an application for amendment in the an application for amendment in the plaint plaint plaint before the trial Court and also before the trial Court and also before the trial Court and also to file file file a fresh application for appropriate a fresh application for appropriate a fresh application for appropriate interim interim interim reliefs. reliefs. reliefs. Appeal Appeal Appeal stands disposed of as withdrawn stands disposed of as withdrawn stands disposed of as withdrawn with with with aforesaid liberty. In case such an aforesaid liberty. In case such an aforesaid liberty. In case such an amendment amendment amendment is made and a fresh application is made and a fresh application is made and a fresh application for for for interim relief is filed, it shall be interim relief is filed, it shall be interim relief is filed, it shall be disposed disposed disposed of on its own merits without being of on its own merits without being of on its own merits without being influenced influenced influenced by earlier orders. by earlier orders. by earlier orders. As As As the Appeal itself is disposed of, the Appeal itself is disposed of, the Appeal itself is disposed of, Civil Civil Civil Application does not survive and is Application does not survive and is Application does not survive and is disposed disposed disposed of accordingly. of accordingly. of accordingly. ( J.H.Bhatia, J ) J.H.Bhatia, J ) J.H.Bhatia, J )