1 app807.05.sxw ast/- IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL SIDE JURISDICTION APPEAL NO.807 OF 2005 IN MISC.PETITION NO.11 OF 2002 Co-Nick Alloys(India) Ltd. .. Appellant. V/s. SICOM Ltd. .. Respondent. --- Mr. A.Y.Bookwala, Sr.Advocate with P.N.Modi i/b. T.N.Tripathi for the Appellant. Mr.V.R.Dhond i/b.P.V.Shah for the Respondent. --- CORAM: D.K.DESHMUKH AND V.R.KINGAONKAR,JJ. DATED: APRIL 15, 2010 P.C.: 1. By consent of the parties, Appeal is disposed of on the following terms. (i)Order dated 13th April, 2005 impugned in this appeal is set aside. (ii)Misc. Petition No.11 of 2002 is remitted back to the learned Single Judge for de novo consideration and for decision in 2 app807.05.sxw accordance with the law. (iii)The Petitioner, who is Respondent in this Appeal is granted leave to amend Petition i.e. Mis. Petition No.11 of 2002. Amendment be carried out within a period of four weeks from today. Copy of the amended Petition be served on the Respondents within four weeks. The Respondent shall be at liberty to file additional affidavit within four weeks from the date of service of the amended Petition on them. (iv)Learned Single Judge shall finally dispose of the Petition as expeditiously as possible. (v)All contentions available to both the parties are kept open. (vi)Appeal disposed of. (D.K.DESHMUKH,J.) (V.R.KINGAONKAR,J.)