:1: FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE DISTRICT : APPEAL FROM ORDER NO.667 OF 2007 IN NOTICE OF MOTION NO.1029 OF 2004 IN S.C. SUIT NO.5127 OF 2002 --------------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s orders orders or directions and Registrar’s orders --------------------------------------------------------------------- Mr.S.K. Chourasia i/b.Mr.A.M. Saraogi for the Appellant. Mr.P.S.Shah for Respondent nos.6 to 8. CORAM : S.J.VAZIFDAR, J. DATED : 15TH OCTOBER, 2008 P.C : P.C : P.C : I am not inclined to interfere with the impugned order even assuming that the Appeal is maintainable. 2. From the record, it is difficult to come to the conclusion in proceedings for Contempt of Court as to whether Defendant nos.6, 7 and 8 interfered with the possession of the Court Receiver and, if so, they did so with the intention of disobeying :2: the order. 3. It is however clarified that the dismissal of this Appeal from Order will not in any event prejudice the rights of the Petitioner from agitating the question either on a Court Receiver’s report or otherwise in proceedings to restore the alleged status-quo prior to the alleged interference with the possession of the Court Receiver. 4. With the above clarification, the Appeal from Order is dismissed. ***