1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4114 OF 2008 IN APPEAL (L) NO.717 OF 2008 IN NOTICE OF MOTION NO.2153 OF 2002 IN SUIT NO.1608 OF 2001 ... Speciality Cans (India) Pvt.Ltd. ..Appellant v/s. Stella Industries Pvt.Ltd. ..Respondent WITH NOTICE OF MOTION NO.4113 OF 2008 IN APPEAL (L) NO.716 OF 2008 IN NOTICE OF MOTION NO.2152 OF 2002 IN SUIT NO.1607 OF 2001 ... Penta Cans ...Appellants v/s. Stella Industries Pvt.Ltd. ...Respondents ... Mr.Chetan Kapadia with Mr.Rajesh Talekar i/b M/s.K.Ashar & Co. for the Appellants. Mr.Rajendra Mehta for the Respondent. ... CORAM: D.K.DESHMUKH & V.R.KINGAONKAR,JJ 2 DATED: 18th March, 2010 P.C.: By consent of parties, delay in filing the Appeals is condoned. Notices of Motion disposed of. (D.K.DESHMUKH, J.) (V.R.KINGAONKAR,J.) 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.717 OF 2008 IN NOTICE OF MOTION NO.2153 OF 2002 IN SUIT NO.1608 OF 2001 ... Speciality Cans (India) Pvt.Ltd. ..Appellant v/s. Stella Industries Pvt.Ltd. ..Respondent WITH APPEAL (L) NO.716 OF 2008 IN NOTICE OF MOTION NO.2152 OF 2002 IN SUIT NO.1607 OF 2001 ... Penta Cans ...Appellants v/s. Stella Industries Pvt.Ltd. ...Respondents ... Mr.Chetan Kapadia with Mr.Rajesh Talekar i/b M/s.K.Ashar & Co. for the Appellants. Mr.Rajendra Mehta for the Respondent. ... CORAM: D.K.DESHMUKH & V.R.KINGAONKAR,JJ DATED: 18th March, 2010 4 P.C.: Admit. 1. Respondents in both the Appeals are same. Therefore, both the appeals can be disposed of by a common order conveniently. 2. By consent of parties, Appeals are disposed of in following terms: i.The orders of the learned single Judge impugned in the Appeals are set aside; ii.Exparte decree passed against the Defendants in both the Suits is set aside; iii.Appearance filed by the advocate on behalf of the Defendants in the Suits shall be treated as appearance in the Suits and the Plaintiff shall be at liberty to take out summons for judgment 5 and serve it on the advocate for the Plaintiff; iv. Amounts deposited by the Defendants pursuant to the orders passed by the learned single Judge shall be permitted to be withdrawn by the Defendants, with accruals if any. v.Summons for judgment taken out by the Plaintiff shall be disposed of by the learned single Judge in accordance with law, without being influenced by this order. vi.Appeals disposed of. (D.K.DESHMUKH, J.) (V.R.KINGAONKAR,J.)