1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.268 OF 2006 IN NOTICE OF MOTION NO.2685 OF 2003 IN SUIT NO.2898 OF 2003 ... Bharti Airtel Limited ...Appellant v/s. Sahara Distillers Pvt.Ltd. & anr. ...Respondents ... Mr.Virag Tulzapurkar i/b D.H.Law Associates for the Appellant. Mr.Rupal Narialwala i/b M/s.Gordhandas & Fozdar for the Respondents. ... CORAM: D.K.DESHMUKH & V.R.KINGAONKAR,JJ DATED: 1st April, 2010 P.C.: 1. By this Appeal the original Plaintiff challenges the order dated 21st March, 2006 in Notice of Motion No.2685 of 2003. By that order the learned single Judge has granted interim order in favour of the Plaintiff in terms of prayer clauses (a) and (c) of the 2 Notice of Motion. 2. The submission of the learned Counsel appearing for the Appellant is that in view of what is held by the learned single Judge in the order the learned single Judge should have also granted interim order in terms of prayer clause (b) and prayer clause (d) of that Notice of Motion. The learned Counsel submits that in this Appeal, the Appellate Court has already granted ad- interim order in terms of prayer clauses (b) and (d) of the Motion. 3. After having heard the learned Counsel for the Appellant and perusal of the record, we put it to the learned Counsel appearing for the Respondent whether it is possible for the Respondent to use the mark and label which is subject matter of the 3 Suit, as interim order in terms of prayer clauses (a) and (c) has been granted by the learned single Judge and the Respondent has made no grievance against that. 4. The learned Counsel fairly submitted that it will be in the interest of justice also to grant the Notice of Motion in terms of prayer clauses (b) & (d), as has been done by the Appellate Court by way of ad-interim order passed in the Appeal. 5. The Appeal is, therefore, disposed off. The order passed by the learned singel Judge impugned in the Appeal is modified. Notice of Motion No.2685 of 2003 is also granted in terms of prayer clauses (b) & (d). Appeal disposed of. (D.K.DESHMUKH, J.) (V.R.KINGAONKAR,J.)