1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 310 OF 2009 IN COMPANY PETITION NO.99 OF 2009 ... Ciba India Ltd. ...Appellant v/s. Sequent Scientific Ltd. ...Respondent ... Mr.Janak Dwarkadas, Sr.Counsel i/b Malvi Ranchoddas & Co. for the Appellant. Mr.F.Devitre, Sr.Counsel with Ms.Alpana Ghone i/b DSK Legal for the Respondent. ... CORAM: D.K.DESHMUKH, & R.G.KETKAR, JJ DATED: 17th August, 2009 P.C.: 1. Heard the learned Counsel for both sides. The learned Counsel appearing for the Appellant submitted that because of the observations made by the learned single Judge in the order impugned and the finding recorded therein, the Appellant will not be 2 in a position to terminate the contract and file a civil suit for appropriate reliefs. 2. We have heard the learned Counsel appearing for the Respondent. 3. In our opinion, the findings recorded by the learned single Judge are relevant only for the purpose of granting sanction of the court to the scheme of merger and they cannot come in the way of the Appellant in terminating the contract, if so advised, and filing a suit for appropriate reliefs. The suit, if so filed, will have to be decided by the appropriate court only on the basis of the material produced before it and at that stage the findings recorded in the order impugned in the Appeal will not be relevant. 4. In this view of the matter, therefore, we see no reason to entertain the 3 Appeal. However, in order to enable the Appellant to take appropriate steps, in our opinion, it will be in the interest of justice to stay the operation of the order impugned in the Appeal for a period of four weeks from today, so as to enable the transferor company to hold the technical and confidential information, if any, from the transferee company. It is clarified that the order sanctioning the scheme is stayed only for this purpose. All other steps can be continued to be taken as required by law, including registering the scheme with the Registrar of the Company. 5. Appeal disposed of. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)