1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3314 OF 2009 IN SUIT NO. 2286 OF 2009 Ackruti City Ltd. ... Plaintiff. V/s. Anil Kumar Poddar and Anr. ... Defendants. Mr. Virag Tulzapurkar, Sr. Counsel i/b. Wadia Ghandy & Co. for the Plaintiff. Ms. Vaishali Chaudhari for Defendants 1 and 2. CORAM : S.C. DHARMADHIKARI,J. DATED : 3rd NOVEMBER 2009. P.C. :- There is an ad-interim order granted on 26th August 2009. This ad-interim order is based on the statement of Defendant No.1, who was present in the Court on the said date. From that date till today, there is no reply affidavit controverting any of the allegations in the plaint or in the affidavit in support of the Notice of Motion. 2. Ms. Chaudhary, learned Advocate appearing for Defendant Nos.1 and 2 states that she has received instructions to appear on behalf of the Defendants. She submits that the Defendants instructed her to apply for revocation of the leave granted under Clause XII of the Letters 2 Patent. As per her submissions this Court has no jurisdiction to try and entertain this Suit. 3. At this stage, the Defendants have not filed any application under Section 9A of C.P.C. Or otherwise till date. The Defendants has enough time to do so. In these circumstances, leaving open the controversy with regard to jurisdiction of this Court and maintainability of this Suit, the Notice of Motion is made absolute in terms of the ad-interim order dated 26th August 2009. However, this would not preclude the Defendants from urging that this Court has no jurisdiction to try and entertain this Suit. The appearances of the parties as reflected in the order dated 26th August 2009 be corrected. (S.C. DHARMADHIKARI,J.)