1 IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODG)NO.193 OF 2010 IN NOTICE OF MOTION NO.998 OF 2010 IN SUIT NO.938 OF 2010 Godfrey Phillips India Ltd. ...Appellant Vs. ITC Ltd. ...Respondent. --- Mr.Aspi Chinoy, Sr.Advocate with Mr.S.U.Kamdar, Sr.Advocate with Mr.V.R.Dhond, Ashish Kamat i/b. M/s.Chitnis & Co.,for Appellant. Mr.Ravi Kadam, Advocate General with Mr.Janak Dwarkadas, Sr.Advocate i/b. M/s.Nanu Hormasjee & Co.,for Respondent. CORAM: D.K.DESHMUKH & R.V.MORE,JJ. DATED: 3rd May, 2010 P.C.: 1. Admit. Heard finally by consent of parties. 2 2. By consent of parties, the appeal is disposed of in the following terms:- (i) Order dated 19.3.2010 is set aside. (ii) However, ad-interim relief granted by the learned Single Judge in terms of prayer clause (a) and (c) of Notice of Motion no.998 of 2010 will continue to operate till 30.6.2010 or till that notice of motion is finally disposed of by the learned Single Judge, whichever is earlier. (iii) Office is directed to list the notice of motion for final hearing before the learned Single Judge hearing the notices of motion on the opening day after summer vacation, on 7.6.2010. (iv) Parties shall file their pleadings one week before 7.6.2010. The learned Counsel appearing for defendant states that the defendant will file their reply within a period of two weeks from today. The learned Counsel appearing for plaintiff states that 3 if they want to file any rejoinder, that will be filed on or before 1.6.2010. (v) All the contentions available to both the sides are kept open. The learned Single Judge shall decide the notice of motion without being influenced by any of the previous order passed by the learned Single Judge or in the appeal in this Court. (vi) In case, the learned Single Judge finds that it is not possible for him to dispose of the notice of motion by 30.6.2010, the learned Single Judge shall consider the application of the plaintiff for continuation of ad-interim order for suitable period and decide it in accordance with law, after hearing the defendant. Again all contentions available to both the sides are kept open. Appeal is disposed of. (D.K.DESHMUKH,J.) (R.V.MORE,J.)