(1.) Admit. Learned advocate Mr. Vandan K. Baxi for the respondents on caveat waives service of notice of admission of appeal.
(2.) Heard learned advocate Mr. Manish J. Patel for the appellant and learned senior counsel Mr. Sudhir Nanavaty with learned advocate Mr. Vandan K. Baxi for the respondents. With the consent of the learned advocates of the respective parties, present appeal is taken up for final hearing forthwith.
(3.) The parties have been referred as per the original position in the suit. The short facts which are necessary to resolve the controversy involved in the appeal reads as under.