*1* coappl.44.11.976.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPEAL (Lodging) NO.44 OF 2011 IN CLB/CA/110 OF 2011 IN CLB/CP/37 OF 2011 WITH COMPANY APPLICATION (Lodging) NO.46 OF 2011 IN COMPANY APPEAL (Lodging) NO.44 OF 2011 Kirti Chheda. ..Appellant -versus- Lirin Roadlines Pvt.Ltd. and others. ..Respondents ............ Mr.Nikhil Sakhardande i/b Rajesh Shah & Company, for the Appellant. Mr.P.S.Sampat i/b V.A.Jadhav, for the Respondents. ............ CORAM : S.C.DHARMADHIKARI, J. Date : 18th November, 2011. P.C.: 1 Heard Mr.Sakhardande, learned counsel appearing for the Appellant. Perused the interim order of the Company Law Board and the affidavit in reply filed by the contesting Respondents. 2 After perusing the interim order and finding that the Appellant had not disputed that old and unused vehicles can be disposed of, all that has been permitted by the Company Law Board is that the same be disposed of in terms of that stand taken by the parties, but grievance is that the Company Law Board has allowed the sale proceeds to be utilized not only for clearance of dues of the Bank, but for business purpose. *2* coappl.44.11.976.sxw 3 I do not see how the order which is interlocutory and which makes an arrangement pending disposal of the main matter, raises any question of law and particularly as contended by Mr.Sakhardande. Once on facts the arrangement has been made and without prejudice to the rights and contentions of all parties so as to enable the Company to carry on its business by clearing the Bank dues and utilizing the balance funds for these activities and ensuring at the same time that the details should be disclosed to the Appellant, then, there is no reason to interfere with the interlocutory order. The appeal is devoid of any merits and it is dismissed. 4 In the light of the fact that the Company Petition is seeking reliefs under sections 397 to 402 of the Companies Act, 1956, the Company Law Board will be well advised to dispose of the pending proceedings expeditiously. The Company Application does not survive in the light of disposal of the appeal. (S.C. Dharmadhikari, J)