-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 917 OF 2006 APPEAL NO. 917 OF 2006 APPEAL NO. 917 OF 2006 IN IN IN NOTICE OF MOTION NO. 3285 OF 2006 IN SUIT NO. 2645 OF 2006 SUIT NO. 2645 OF 2006 SUIT NO. 2645 OF 2006 M/s. Jyoti Builders .. Appellants. V/s. Margdarshan Co-op.Hsg.Society Ltd. .. Respondents. --- Mr.Zal Andhyarujina i/by Mr.Raj Baid for the Appellants. Mr.S.P.Nagvenkar for the Respondents. --- CORAM : R.M.LODHA & S.A.BOBDE,JJ. CORAM : R.M.LODHA & S.A.BOBDE,JJ. CORAM : R.M.LODHA & S.A.BOBDE,JJ. DATED : 22nd DECEMBER, 2006 DATED : 22nd DECEMBER, 2006 DATED : 22nd DECEMBER, 2006. P.C.: P.C.: P.C.: . Mr.Zal Andhyarujina counsel for the Appellants submits that the appellants have been advised to seek leave for amendment in the plaint by challenging the resolution of the General Body at its meeting held on 10th of August, 2003 and in that backdrop re-apply for grant of ad-interim relief. 2. The counsel for the Respondents does not have any objection to the course suggested by Mr.Zal Andhyarunija but he submits that the Respondents shall be free to oppose such prayer on all available grounds. -: 2 :- 3. In view of the submissions of the parties, we dismiss the Appeal as withdrawn with liberty to the Appellants (Plaintiffs) to seek leave to amend the plaint by challenging the resolution of the General Body at its meeting held on 10th of August, 2003 and re-apply for interim/ad-interim relief. Obviously, such application shall be considered by the single Judge in accordance with the law after hearing the Respondents, who would be entitled to oppose such application on all available grounds. 4. Order accordingly. (R.M.LODHA,J.) (S.A.BOBDE,J.) .....