ash 1 ao-613.10 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 613 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri G.S. Godbole i/by Shri Kunal Chima for the Appellants. Shri S.J. Ghogare for Respondent No.1. Ms K.K. Soraan for the BMC. -- CORAM : A.S.OKA, J. DATE : 28TH FEBRUARY, 2011 P.C.: . Heard learned counsel appearing for the Appellants and the learned counsel appearing for the first Respondent. 2. Learned counsel appearing for the Appellants submitted that the ad-interim relief in terms of prayer clause (a) could not have been granted as the Court could not have prevented the Municipal Corporation from granting permission. He submitted that the prayer (b) is interpreted to mean that the Appellants cannot carry on even the work of internal plastering, painting ash 2 ao-613.10 and the work of furniture. It is true that ad-interim relief granted is of a very drastic nature. But, the same is operating from 30th April, 2010. Interests of justice will be subserved, if the Notice of Motion is directed to be disposed of within a time bound scheduled. If for any reason, the Notice of Motion cannot be disposed of, it will be open for the Appellants to apply for vacating the ad-interim relief or for modification of the ad-interim relief. Hence, the Appeal is disposed of by passing the following order:- ORDER (a) Reply to the Notice of Motion be filed by the Applicants, if not filed till today, within a period of two weeks from today. (b) Notice of Motion shall be decided as expeditiously as possible and preferably within a period of six weeks from the date on which reply is filed. (c) In the event, the Trial Court is unable to dispose of the said Notice of Motion within a period of six weeks from the date of filing of reply, it will be open for the Applicants to apply for vacating the ad-interim relief or for modification of the ad-interim relief. ash 3 ao-613.10 (d) All contentions of the parties on merits of the Notice of Motion and the suit are kept open and the Trial Court will decide the Notice of Motion on its own merits without being influenced by the ad-interim relief and confirmation thereof by this Court. (A.S.OKA, J)