- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY VPH ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL No. 538 OF 2000 No. 538 OF 2000 No. 538 OF 2000 IN IN IN NOTICE NOTICE NOTICE OF MOTION No. 676 OF 2000 OF MOTION No. 676 OF 2000 OF MOTION No. 676 OF 2000 IN IN IN SUIT SUIT SUIT No. 766 OF 2000 No. 766 OF 2000 No. 766 OF 2000 Jet Airways (India) Pvt. Ltd. ... Appellant Vs. Mr. Mukut Pathak ... Respondent Ms. Vishakha Vaswani, Advocate i/b M/s. V. V. Juris for Appelant. None for the respondent. CORAM CORAM CORAM : R. M. S. KHANDEPARKAR : R. M. S. KHANDEPARKAR : R. M. S. KHANDEPARKAR AND AND AND D. D. D. G. KARNIK, JJ. G. KARNIK, JJ. G. KARNIK, JJ. DATE DATE DATE : JUNE 7, 2007. : JUNE 7, 2007. : JUNE 7, 2007. PC PC PC :- :- :- . The learned advocate appearing for the appellant states that since the appeal is from the refusal to grant an interlocutory injunction to the Appellant which was to operate till 11th October 2005, the appeal has become infructuous and is not being pressed. Appeal therefore is allowed to be withdrawn. No order as to costs. - 2 - 2. Needless to say that the withdrawal of the appeal will be without prejudice to the rights and contentions of both the parties to the suit and the learned Single Judge hearing the suit shall not be influenced by the prima facie, observations/findings contained in the impugned order and judgment dated 17th April 2007. Sd/- Sd/- [D. [D. [D. G. KARNIK, J.] [R.M.S. G. KARNIK, J.] [R.M.S. G. KARNIK, J.] [R.M.S. KHANDEPARKAR, J.] KHANDEPARKAR, J.] KHANDEPARKAR, J.]