1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO. 535 OF 2007 IN NOTICE OF MOTION NO. OF 2007 IN L.C. SUIT NO.2307 OF 2007 M/s. Shradha Enterprises ... Appellant Vs. The Municipal Corporation of Greater Bombay & Ors. ... Respondents Mr. P.K.Dhakephalkar, Advocate, a/w. Mr. D.R.Shah, Advocate for the appellant. Ms. Geeta Joglekar,Advocate, for B.M.C. Mr. A.M.Sarogi, Advocate, for respondents Nos. 2 to 9. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 8th January, 2008. DATE: 8th January, 2008. DATE: 8th January, 2008. P.C. P.C. P.C. 2 1. This Appeal is preferred against the rejection of prayer for ad-interim injunction. However, the Notice of Motion in which the interim injunction was sought is still pending before the City Civil Court. 2. By an order dated 29.6.2007, this Court had directed the parties to maintain status quo. That status quo order is still in force. This Court has also appointed the Court Commissioner for inspection and the Commissioner has submitted two reports. Admittedly, those reports were not available to the trial Court when the request for ad-interim relief was refused. In view of the lapse of long time since the status quo order was passed and in view of the fact that the Notice of Motion is still pending, with the consent of the Counsel for the parties, the Appeal is disposed of with the following directions :- (1) Both the reports submitted by the Court Commissioner be forwarded to the City Civil Court and the City Civil Court shall expedite the hearing of the Notice of Motion and dispose of the same, as early as possible, and in any case, within four weeks from this date. The City Civil Court shall take into consideration all the material which may be placed before it by both the parties including the reports of the 3 Court Commissioner while passing order on the Notice of Motion. (2) Till the decision on the Notice of Motion, the status quo order passed by this Court on 29.6.2007 shall continue to be in force. (3) The Court Commissioner has submitted bill of Rs.50,000/-. So far an amount of Rs.10,000/- is deposited by the appellant. The balance amount shall also be deposited by the appellant before this Court within two weeks from today. Depending on the merits of the case the trial Court will pass appropriate directions as to who should bear the burden of the fees of the Court Commissioner. (4) Liberty to the appellant to request the trial Court to hear and dispose of the Notice of Motion in Civil Suit Stamp No.1949 of 2007 along with the Notice of Motion in the present matter. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)