IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.64 OF 2009 IN NOTICE OF MOTION NO.1782 OF 2008 IN SUIT NO.811 OF 2008 Weaver Aqua Everflo .. Appellant Vs. Parle Agro Private Limited .. Respondent Mr. Zal Andhyarujina with Mr. Manish Saurastri and Ms. Ashvini Takalkar i/by M/s. S.K. Jain & Associates for the appellant. Mr. V.R. Dhond with Mr. A.S. Kamat i/by M/s. Mulla & Mulla for the respondent. CORAM : SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. DATED : 11TH FEBRUARY, 2009 P.C. We have heard the learned counsel on praecipe which has been taken out by the appellant. By consent of the learned counsel appearing for the parties, the order dated 3rd February, 2009 is modified as follows: (a) Clause (i) of the order will read as, “the appellant before this court shall be bound by the order passed by the learned Single Judge and the injunction granted therein shall operate in perpetuity against them”. (b) Clause (iii) of the order shall read as “No new manufacturing activity would be carried out by the appellant in the aforesaid name and style after the lapse of 14 weeks from the date of the order”. 2. The parties also agree that not only the present appeal but even the suit can finally be heard and decreed. Ordered accordingly. 3. The above order shall form part of the order dated 3rd February, 2009. Corrected copy of the order may be given to the parties. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.