1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9870 OF 2009 Ashok Hadumal Chandvani & Anr. .. Petitioners versus Sachanand Mohanlal Ahuja & Ors. .. Respondents Mr.Surel S. Shah for the petitioners. CORAM : A.S.OKA, J. DATE : 14th January 2010. P.C: . Heard learned counsel appearing for the petitioners. The main application for grant of interim relief at Exhibit 5 is still pending before the trial Court. The learned counsel appearing for the petitioner invited my attention to the ad-interim order dated 2nd November 2009. He submitted that though the application for temporary injunction is not being heard, by the impugned order, the trial Court has declined to continue the operation of the said order. 2. The learned counsel appearing for the petitioners submitted that though a liberty was granted by this Court to move the trial Court for hearing of the application at Exhibit 5, the said application could not be heard because of pendency of an application for intervention made by a third party. 3. After having heard the learned counsel appearing for the petitioners the only order which can be passed at this stage is of directing the trial Court to decide the application at Exhibit 5. If application at Exhibit 5 cannot be decided 2 by the trial Court within the time stipulated in this order, a liberty will have to be granted to the petitioners to make a fresh application before the trial Court for continuation of ad-interim relief granted on 2nd November 2009. 4. Hence, the petition is disposed of by passing the following order: : O R D E R : (a) The trial Court shall make an endeavour to decide the application at Exhibit 5 within a period of six weeks from today. (b) If for any reason the application could not be decided within the said period, it will be open for the petitioner to make a fresh application for continuation of ad-interim relief granted on 2nd November 2009. Such fresh application, if made, shall be decided by the trial Court on its own merits without being influenced by the impugned order. (c) All contentions of the parties on application at Exhibit 5 are kept open. (A.S.OKA,J)