Fintree Education Pvt Ltd. And ANR. v. Fintree Finance Private Limited.

MUGDHA MANOJ PARANJAPE 1 20-COMAP 40-23 in NMCD 10-21.doc MUGDHA MANOJ PARANJAPE Date: 2023.07.24 12:28:39 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL APPEAL NO.40 OF 2023 IN NOTICE OF MOTION (L) NO.1468 OF 2019 IN COMMERCIAL IP SUIT NO.702 OF 2019 FinTree Education Pvt. Ltd. & Anr.

... Appellants V/s.

Fintree Finance Private Limited ... Respondent Mr. Ram Apte, Senior Advocate a/w Mr. Ketan Dhavle a/w Mr. Harshal P. Nahata for the Appellants.

CORAM : NITIN JAMDAR, ACJ. AND ARIF S. DOCTOR, J.

DATED : 20 JULY 2023.

P.C. :

The Appeal is filed against an ad-interim order passed on 18 September 2019.

2.

The learned Counsel for the Appellants submits that instead of pressing the present Appeal, the Appellants will argue the Notice of Motion, more particularly since the amendment has been allowed to incorporate certain subsequent events, which will provide foundation for the Petitioner's prayer.

Mugdha

2 20-COMAP 40-23 in NMCD 10-21.doc 3.

In light thereof, the Appeal is disposed of keeping all contentions open.

4.

The Notice of Motion will be decided on its own merits. We have no doubt that while considering the Notice of Motion, the learned Single Judge will keep in mind that the observations made in impugned order are made at the ad-interim stage. (ARIF S. DOCTOR, J.) (ACTING CHIEF JUSTICE) Mugdha