1 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1735 OF 2004 WITH CIVIL APPLICATION NO. 2036 OF 2010 IN WRIT PETITION NO. 1735 OF 2010 WITH CIVIL APPLICATION NO. 1408 OF 2003 IN APPEAL FROM ORDER NO. 979 OF 2003 Bombay Suburban Electrical Supply Ltd. ... Petitioner Versus Phoolchand R. Gupta ... Respondent Mr. S.P. Kamat for the petitioner. Mr. Suresh Gole for Respondent. CORAM : S.C. DHARMADHIKARI,J. DATED : JUNE 27, 2011 P.C. Heard. This writ petition is directed against the findings recorded by the trial court on the issue of jurisdiction. It is informed that the suit is now ripe for hearing and final disposal. This court has rejected the application for interim relief on 18th March, 2005. Therefore, both the Appeal from Order as also the suit can proceed. In the light of the fact that this court has not protected the petitioner by way of interim relief at the earlier stage, all that can be directed is that the title of the writ petition 2 may be amended in terms of the request made in Civil Application No. 2036 of 2010. The Civil Application is disposed of accordingly. The amendment be carried out within the period of two weeks from today. As far as Civil Application No. 1408 of 2003 is concerned, I am of the view that in the light of the order passed by this court on the earlier occasion namely on 8th March, 2005 and bearing in mind the controversy, the interim relief cannot be granted. Grant of interim relief would virtually allow the writ petition. In these circumstances, Civil Application No. 1408 of 2003 is disposed off. The trial court to proceed with the hearing of the suit without prejudice to the rights and contentions of the present petitioner. (S.C. DHARMADHIKARI,J.)