IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.725 OF 2007 NO.725 OF 2007 NO.725 OF 2007 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO.2961 OF 2007 OF MOTION NO.2961 OF 2007 OF MOTION NO.2961 OF 2007 IN IN IN SUIT SUIT SUIT NO.2178 OF 2007 NO.2178 OF 2007 NO.2178 OF 2007 Asian Paints Ltd. ...Appellant. (Org.Plaintiff) Versus Home Solutions Retail (India) Ltd. ...Respondent. (Org.Defendant) Dr.Virendra Tulzapurkar Sr.Counsel a/w Mr.Janak Dwarkadas i/by Mr.G.S.Hegde for the Appellant. Mr.V.A.Dhond & Mr.Utkarsha Tawari i/by M/s. Sunil & Co. for the Respondent. CORAM CORAM CORAM : S.B.MHASE & : S.B.MHASE & : S.B.MHASE & R.V.MORE, R.V.MORE, R.V.MORE, JJ. JJ. JJ. DATED DATED DATED : 9TH SEPTEMBER, 2008 : 9TH SEPTEMBER, 2008 : 9TH SEPTEMBER, 2008 P.C. P.C. P.C. . Heard both sides. 2. The appeal and the Notice of Motion No.4364 of 2007 has come up for final hearing. The learned single Judge has observed in para 16 of the impugned order that the Notice of Motion will have to be heard on its own merits in accordance with law uninfluenced ( 2 ) by any of the observations made in the order which is only for the limited purpose to consider the prayer for ad-interim relief. 3. Under these circumstances we find neither any merit nor any point of law concluded in the order and therefore we request the learned single Judge to dispose of the Notice of Motion as expeditiously as possible, on its own merits, independently and uninfluenced by the ad-interim order. We also find that since the Notice of Motion is being considered for interim relief, the learned Single Judge will only try to find out whether there is a prima facie case, balance of convenience and irreparable loss. He may follow the already concluded judgments of this Court and/ or Supreme Court, but if any point of law is required to be decided, it should be postponed for the final hearing of the suit. 4. The Appeal is accordingly disposed of. (R.V.MORE, (R.V.MORE, (R.V.MORE, J.) J.) J.) (S.B.MHASE, (S.B.MHASE, (S.B.MHASE, J.) J.) J.)