Enkon Private Limited v. Jaslok Hospital And Research Centre And ORS

903-ao357-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.357 OF 2015 WITH CIVIL APPLICATION NO.458 OF 2015 Enkon Private Limited ...Appellant V/s.

Jaslok Hospital & Research Centre & Ors.

...Respondents

Mr.Asif Bora with Mr.Ginni Ahuja i/b Mr.Shoaib I. Menon for the Appellant.

Mr.Manish Upadhye with Ms.Madhuri Deshpande for the Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 4TH FEBRUARY, 2016.

P.C. :- 1.

By consent of parties, the following order is passed :- i).

The impugned order passed by the learned trial Judge dismissing the notice of motion by an order dated 24th February, 2015 is set aside. Ad-interim order which was in force in the said notice of motion to continue as interim order in the suit. ii).

Hearing of the suit is expedited. Learned counsel appearing for the parties are ready and willing to co-operate with each other and also with the learned trial Judge in disposal of the suit expeditiously and have agreed not to take unnecessary adjournment. 1/2

903-ao357-15 iii).

The trial Court shall make an endeavor to dispose of the suit within six months from today.

iv).

It is made clear that this Court has not expressed any views on the merits of the matter. All the contentions of both the parties are kept open.

v).

The learned trial Judge shall decide the matter in accordance with law and without being influenced by the observations made in the impugned order.

2.

The appeal from order is accordingly disposed of in aforesaid terms.

3.

In view of the disposal of the appeal from order, the civil application does not survive and is accordingly disposed of. No order as to costs.

(R.D. DHANUKA, J.) 2/2