1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 457 OF 2006 Power and Control Transformer Industries Pvt. Ltd. & ors. ... Appellants v/s M/s.Shree Sai Industries ... Respondent Mr.V.V.Tulzapurkar i/by M/s.Madekar & Co. for the appellants. Mr.S.T.Manek i/by M/s.S.T.Manek & Co. for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 23RD NOVEMBER, 2009 P.C.: 1. The present appeal from order has been filed in the year 2006 against an interim order dated 24.4.2006. By this order, defendants i.e. the appellants herein, were restrained from transferring, assigning their right, title and interests in the suit property assets and or creating third party interest in it. They were further restrained from removing any plant, machineries, equipments, infrastructures, etc. out of the defendant No.1 Company’s premises and its registered office, 2 including the leasehold rights of M.I.D.C. Plot No.A-36 and A-37 situated at M.I.D.C. Industrial Area, Wagle Estate, Thane, consisting of ground plus two upper floors and all such accessories of the said Company, by themselves or anybody acting on their behalf till the final decision of the suit, without adopting due process of law. 2. When this appeal came up for admission on 11.7.2006, it was found that arguable questions were raised and, therefore, the appeal was directed to be placed for final hearing at the stage of admission. 3. Unfortunately, the appeal has not been heard as yet. In fact, it was dismissed for default earlier in 2008 and was later restored. 4. Thus, the appeal from order has been pending in this Court for adjudication for three years. 5. In these circumstances, Mr.Tulzapurkar, the learned counsel appearing for the appellants suggests that the learned Civil Judge, Sr. Divn., Thane, be directed to dispose of the suit as expeditiously as possible. 3 6. In my view, this is a fair suggestion and, therefore, the appeal from order is being disposed of directing the learned Civil Judge, Sr. Divn., Thane, to dispose of the Special Civil Suit No.155 of 2006 by 31st July, 2010. 7. Since this appeal from order is not being heard on merits, all contentions raised in the appeal are open to be raised at the trial. 8. The learned Judge will pass orders uninfluenced by the orders passed at the interim stage. 9. The appeal from order disposed of accordingly. ..... 4