1 srk app-L-831-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODGING) NO.831 OF 2010 IN NOTICE OF MOTION NO.3182 OF 2010 IN SUIT NO.2477 OF 2006 Dr. Prithi Paul Singh Sethi and others. ... Appellants Versus M/s. Twist Spin Industries and others. ... Respondents Mr.Subhash Jha i/by M/s. Law Global for the appellants. Ms. Rajni Iyer, Senior Advocate with Mr. Cyrus Ardeshir and Mr. Simil Purohit i/by Mr. Raj Baid for the respondents. CORAM : MOHIT S. SHAH, C.J. & S.J. KATHAWALLA, J. Tuesday, December 14, 2010 P .C. In view of the judgment dated 19th November, 2009 of the Division Bench of this Court in Appeal No.357 of 2009 whereby the Division Bench only restrained the respondents from creating any third party interest in the property in question and specifically dismissed the notice of motion for the other prayer by which the appellants wanted to restrain the respondents from running the mill, we are not inclined to grant any relief in favour of the appellants at this stage. 2. We are also informed that in so far as the respondents have been restrained from creating any third party interest in the property in question, the respondents have filed Special Leave Petition before the Apex Court and the same is still pending. 2 srk app-L-831-10.sxw 3. We are also informed that the order of the learned Magistrate being relied upon by the appellants has been challenged by the respondents before the Sessions Court and the said proceedings are also presently pending before the Sessions Court. 4. The appeal is accordingly, disposed of and the appellants-plaintiffs will be at liberty to move the learned trial Judge for expeditious hearing of the notice of motion. CHIEF JUSTICE S.J. KATHAWALLA, J.