1 ao1340-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa APPEAL FROM ORDER NO.1340 OF 2010 ALONGWTIH CIVIL APPLICATION NO. 1651 OF 2010 Mrs. Shammi Nagpal .. Appellant V/s. M/s. Frankfurt Trade Fairs India Pvt. Ltd. & Ors. .. Respondents ..... Mr. Prakash Shinde & Ms. Swati Deshpande i/b. Mr. Dhruva & Partners for the appellant. Ms. Vaidahi Naik i/b. Mr. Phoenix Legal for respondent Nos. 1 and 2. ..... CORAM : A. S. OKA, J. DATE : APRIL 7, 2011. P.C.:- Heard the learned counsel appearing for the appellant. The challenge is to the ad-interim order dated 13th October, 2010 by which the trial Court is declined to grant ad-interim injunction in Notice of Motion taken out by the appellant. The prayer in the Notice of Motion taken out by the appellant/plaintiff, is that the respondent should be restrained from acting upon notice dated 28th June, 2010 and resolution passed by the Board of Directors dated 5th October, 2010. The second prayer is that the second 2 ao1340-10 respondent should be restrained from acting as a Managing Director of the first respondent company. 2. The grievance in the suit is that the appellant-plaintiff is removed from the post of Managing Director and the second respondent has been appointed as Managing Director on the basis of the resolution dated 5th October, 2010. As the second respondent has been acting as the Managing Director of the company, such a drastic ad-interim relief cannot be granted during the pendency of the Notice of Motion. 3. Therefore, it is not possible to find fault to the discretionary and equitable order passed by the trial Court by which the ad-interim relief of drastic nature was not granted. Hence, there is no merit in the Appeal. The Appeal is accordingly dismissed. 4. Hearing of the pending Notice of Motion is expedited. 5. It is made clear that the Notice of Motion will be decided on its own merits without being influenced by the tentative findings 3 ao1340-10 recorded in the impugned order. 6. All contentions of the parties on merits of the Notice of Motion are be kept open. 7. Civil Application No. 1651 of 2010 does not survive and is disposed of. JUDGE