1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.894 OF 2006 IN NOTICE OF MOTION NO.2282 OF 2006 IN SUMMARY SUIT NO.2712 OF 2005 ... Nectar Laboratories Ltd. ...Appellant v/s. Wyeth Limited ...Respondents ... Mr.Kezer Kharawala i/b R.K.Associates for the Appellant. Mr.Chetan Kapadia with Mr.Nikhil Dhorod i/b M & M legal Venture for Respondents. ... CORAM: D.K.Deshmukh & Smt.R.P.SondurBaldota,JJ DATED: 14th June, 2010 P.C.: Admit. By consent of parties the Appeal is disposed of in following terms: (i)In case the Defendant/Appellant deposits 2 an amount of Rs.30,00,000/- (Rupees Thirty Lakh only) in this court with due intimation to the Plaintiff, within a period of three months from today, all orders adverse to the interest of the Defendant passed in Summary Suit No.2721 of 2005 shall stand set aside and the summons for judgment taken out by the Plaintiff being Summons for Judgment No. 68 of 2006 shall stand restored. Then the Defendant/Appellant shall be entitled to file his reply to the summons for judgment within a period of three weeks from the date of deposit of the amount. (ii) The matter, thereafter, shall be placed before the appropriate court for consideration of the Summons for Judgment. (iii)While passing orders on the Summons for Judgment the learned single Judge 3 shall also make an order in relation to the amount which is to be deposited by the Defendant/Appellant pursuant to this order. (iv)All contentions available to both sides are kept open to be urged before learned single Judge. (v)The Defendant shall not apply for any extension of time to deposit the amount mentioned above. (vi)In case the Appellant/Defendant does not deposit the amount within the aforesaid period, then this appeal shall be treated as dismissed and the Plaintiff shall be entitled to execute the decree in accordance with law. (D.K.Deshmukh, J.) (R.P.SondurBaldota J.)