1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.263 OF 2010 Municipal Corporation of Gr. Mumbai .. Appellant Versus M/s.Swift Chemicals Pvt.Ltd. .. Respondents WITH APPEAL FROM ORDER NO.264 OF 2010 Municipal Corporation of Gr. Mumbai .. Appellant Versus M/s.RCA Pharma Ltd. .. Respondents Mr.Xavier for appellant. Mr.Vishal Phal i/b. M.G.Gande for respondent CORAM : S.C.DHARMADHIKARI, J. DATE : 23rd March 2010. P.C.: 1] Heard Mr.Xavier for appellant and Mr.Phal for respondent on notice. Perused the impugned order which restrains the Corporation from giving effect to the order dated 17th March 2009. That order is the 2 subject matter of challenge in the respondent- plaintiff's suit which is pending. 2] Upon hearing both sides and on a prima facie conclusion that the Corporation must resort to the provisions of law before passing the order of this nature, virtually dispossessing the respondent- plaintiff, that the trial court has passed the injunction order. 3] There is no reason to interfere with this order at this stage. More so, when it is fairly stated by Mr.Xavier that the appellant defendant has filed written statement and the suit is set down by the trial court for framing issues. In such circumstances and considering the limited controversy, it would be desirable and in the interest of justice if the trial court endeavours to dispose of the subject suit within a period of six months from the date of receipt of a copy of this order. 4] It is clarified that this Court has not expressed any final opinion on merits of the controversy and all observations and findings in the impugned order so also by this Court are tentative and prima facie and should not influence the trial court while deciding the suit, which must be 3 decided on its own merits and in accordance with law. Appeal disposed of accordingly. Civil Application, if any does not survive and dismissed as such. (S.C.DHARMADHIKARI, J)