1 LPA83/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.83 OF 2011 IN WRIT PETITION NO.822 OF 2011 The Saraswat Co-op. Bank Ltd. and anr. ...Appellants v/s Dinkar R. Zadbuke and others ...Respondents Mr K.M. Naik i/b Mr S.P. Salkar for Appellants. Mr Atul Kore for Respondents. CORAM : D.K.DESHMUKH AND ANOOP V. MOHTA JJ. DATE : 7TH SEPTEMBER 2011. 2 LPA83/11 P.C. :- 1] Heard learned counsel appearing for appellants. The appeal is directed against the order of the learned Single Judge dated 21st February 2011 declining to grant interim relief in favour of the appellants who are petitioners in writ petition No.822 of 2011. The learned counsel appearing for appellants points out to us an affidavit dated 1st July 2011 filed by the respondents whereby they have amended the complaint filed by them before the Industrial Court. The submission of the learned counsel for appellants is that really speaking now since the amendment is made in the complaint, nothing survives in the complaint and therefore, according to the learned counsel, the learned Single Judge who passed the impugned order should have stayed further proceedings in the complaint. In our opinion, if modification in the order of the learned Single Judge dated 21st February 2011 becomes necessary because of any subsequent development, the appropriate remedy of 3 LPA83/11 the appellants is to approach the leaned Single Judge for appropriate interim relief. In that event, either the learned Single Judge may grant the interim relief in view of the subsequent development or the learned Single Judge may dispose off the writ petition itself finally. In this view of the matter therefore, appeal is disposed of with liberty to the appellants to approach the learned Single Judge seeking appropriate orders in writ petition No.822 of 2011. Appeal is disposed off. Civil application No.103 of 2011 is disposed off. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE ANOOP V. MOHTA )