1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 383 OF 2009 IN NOTICE OF MOTION NO. 3610 OF 2008 IN SUIT NO. 2691 OF 2008 WITH NOTICE OF MOTION NO. 3438 OF 2009 Mr. Gangadhar S. Shetty .. Appellant Vs. Joy Frozen Foods Pvt.Ltd. .. Respondent Mr. R.D. Soni a/w A.R. Shaikh for appellant. None for the respondent. CORAM: B. H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ. January 20, 2010. P.C. 1. Heard Mr. Soni, the learned counsel for the appellant. 2. In Notice of Motion No. 3610 of 2008 filed in Suit No. 2691 of 2 2008, the learned trial Judge declined to grant any ad-interim relief and notice was made returnable after 12 weeks and was directed to be heard along with Notice of Motion No. 2701 of 2008 in Suit No. 2363 of 2008. 3. It is thus obvious that Notice of Motion No. 3610 of 2008 is still pending and to be heard along with Notice of Motion No. 2701 of 2008 in Suit No. 2363 of 2008. 4. After hearing Mr. Soni, the learned counsel for the appellant, we are satisfied that no case is made out to entertain this appeal against the order refusing ad-interim relief and it is for the appellant to approach the trial court with a request to decide both the Motions expeditiously. 5. The appeal is dismissed. 6. Notice of Motion No. 3438 of 2009 does not survive and shall stand disposed as such. (SMT. V.K. TAHILRAMANI,J.) (B. H. MARLAPALLE,J.)