1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.117 OF 2010 IN NOTICE OF MOTION NO.923 OF 2009 IN SUIT NO.577 OF 2009 ... M/s.Jayanand Khira & Co. Private Limited & Anr. ...Appellants v/s. Chitaranjan D. Shah & ors. ...Respondents ... Mr.V.Y.Sanglikar with Ms.U.Gadagkar i/b Divya Shah Associates for the Appellants. Mr.Bipin Joshi for Respondents Nos. 1 to 6. Mr.B.R.Zaveri i/b S.G.Lakhani for Respondents Nos. 7 to 17. Mr.Virag Tulzapurkar, Sr.Counsel i/b Ms.P.M.Bhansali for Respondent No.18. ... 2 CORAM: D.K.Deshmukh & Smt.R.P.SondurBaldota,JJ DATED: 14th June, 2010 P.C.: Admit. By consent of parties the Appeal is disposed of in following terms: (i)The order impugned in the Appeal is set aside. (ii)The learned Counsel appearing for the Respondents Nos. 1, 2 & 3, who are power of attorney holders, states that on the basis of power of attorney, copy of which is at Exh.F, the Respondents Nos.1, 2 & 3 will not create any further document without seeking leave of the Court. Statement is accepted. 3 2. In view of this statement, it is directed that no further document on the basis of the power of attorney, at Exh.F, shall be created without seeking leave of the Court. It is, however, made clear that by this order only creation of further interest and document on the basis of power of attorney is restrained and not taking of action for protection of any interest that may have already been created. 3. The learned Counsel appearing for the Plaintiff has stated before us that in this suit, transactions which were entered into by the partnership firm are not challenged and only those transactions which have been entered into on the basis of power of attorney are challenged. Statement is accepted. 4 4. Hearing of the Notice of Motion is expedited. The learned single Judge hearing the Notice of Motion finally shall decide that Notice of Motion on the basis of material produced before him in accordance with law without being influenced by this order. 5. Appeal disposed of. (D.K.Deshmukh, J.) (R.P.SondurBaldota J.)