:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 2933 OF 2006 OF MOTION NO. 2933 OF 2006 OF MOTION NO. 2933 OF 2006 IN IN IN SUIT SUIT SUIT NO. 1705 OF 1998 NO. 1705 OF 1998 NO. 1705 OF 1998 Bralco Metal Industries Ltd. ... Plaintiffs. V/s. Elite Auto Industries & Ors. ... Defendants. And Paramount Healthcare Services Pvt.Ltd. ... Respondents. Mr. Dalal i/b. Dalal & Co. for the Plaintiffs. Mr. N.K. Mudnaney for Defendants 1,2,4 to 6. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 26TH 26TH 26TH FEBRUARY 2009. FEBRUARY 2009. FEBRUARY 2009. P.C. P.C. P.C. : : : . Mr. Mudnaney, learned Counsel appearing for Defendant Nos. 1,2, 4 and 6 has invited my attention to an order dated 13th July 2006 passed in Appeal No.140 of 2006 in Notice of Motion No.1928 of 2003. This is the Notice of Motion in the very suit. That Notice of Motion was dismissed on 27th October 2005 and appeal was filed challenging that order. The Division Bench has recorded the statement of Defendant Nos.1 to 4 and 6 which constitutes an undertaking to this Court. Even written undertaking in terms thereof is filed. Once there is an undertaking and the subject matter of the Suit is protected, I see no reason to grant any relief in this Notice of Motion. In any event, there are no changed :2: circumstances pointed out so as to warrant any departure from the earlier interim order. 2. Accepting the undertaking so also the statements of Mr. Mudnaney that whenever the existing licence arrangement is sought to be renewed or any fresh licensee is being inducted in the premises, Defendant Nos.1,2,4 and 6 will take prior leave of this Court, nothing further needs to be done. The Notice of Motion is disposed off in terms of the above. All contentions on merits of the Suit and the Counter Claim are kept open. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)