Citibank N.A. v. Hetero International And 2 ORS.

APP. 521-06 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL No. 521 OF 2006 IN NOTICE OF MOTION No. 2963 OF 2005 IN SUIT No. 2732 OF 2005 Citybank N. A. Paraguay ...

Appellant Vs.

Hetero International & Ors.

...

Respondents *** Mr. Tejas S. Mahauni i/b Anil T. Agarwal, for the Appellant. Mr. Piyush Pande i/b Kartikeya & Associates, for Respondent No. 1. *** CORAM : V. M. KANADE, & A. M. BADAR, JJ.

DATE : JUNE 14, 2017 PC.

1.

This appeal is pending since 2006 in this Court. The Appellant has filed this appeal challenging the interim order passed by the learned Single Judge. We are informed that the suit has now been transferred to the City Civil Court.

2.

We are of the view that instead of hearing the appeal now, 1 / 2

APP. 521-06 the interim order / injunction should be continued during pendency of the suit. Hence, the interim order passed by the learned Single Judge shall continue pending the hearing and disposal of the suit. Hearing of the suit is expedited. The City Civil Court is directed to decide the suit as expeditiously as possible and in any case within a period of six months. All contentions of both parties are kept open. The bank guarantee which has been given by Respondent No. 2 shall continue, pending the hearing final disposal of the suit. The appeal is accordingly disposed of in the aforesaid terms. Sd/- Sd/- [A. M. BADAR, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2