1 APP51/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.51 OF 2011 IN NOTICE OF MOTION NO.59 OF 2011 IN SUIT NO.72 OF 2011 Iqbal Vali Bux ...Appellant v/s Mohammed Hanif Ahmed Manjra and ors. ...Respondents Mr K.H. Halai with Ms Priya Agarwalm Ms Mrunalini Panchal i/b M/s Halai and Co. for Appellant. None for Respondents. CORAM : D.K. DESHMUKH AND K.K. TATED JJ. DATE : 24TH JANUARY 2011. 2 APP51/11 P.C. :- 1] This appeal is directed against the order of the learned Single Judge declining to grant any ad-interim order in favour of the plaintiff. The main grievance put before us by the plaintiff for not granting ad-interim order is that according to the learned Single Judge, there is no assertion that the plaintiff called upon the defendants to perform their part of memorandum of understanding. We have, however, been pointed out the averments made in paragraph 8 of the plaint where the plaintiff has stated - No steps are taken till today by the defendant No.1 in this regard despite repeated requests from the plaintiff to effect the share transfer. The learned counsel also invited our attention to e-mails dated 2nd December 2010 and 3rd December 2010. He however submitted that copies of these e-mails were not filed with the plaint. In our opinion, considering the facts and circumstances of the case, following order would meet the ends of justice. 3 APP51/11 2] In case the appellant  plaintiff files an affidavit disclosing the correspondence between the plaintiff and defendant No.1 in relation to the transfer of shares, the learned Single Judge may consider hearing the plaintiff again on the question of grant of ad-interim order. Appeal is disposed off. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE K.K. TATED )