IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.117 OF 2007 IN NOTICE OF MOTION NO.972 OF 2005 IN SUIT NO.2875 OF 2004 Ajay S. Jhuria .... Appellant Vs. State of Maharashtra & Ors. .... Respondents Sarvasri P.K. Dhakephalkar, Senior Advocate, with Niranjan Shimpi i/b M/s. Bhaishanker Kanga & Girdharlal for the Appellant. Shri A.G. Kothari for the Respondent No.10. Sarvasri Birendra Saraf i/b Kishore Thakordas for the Respondent No.11. CORAM: CORAM: CORAM: R.M.S. KHANDEPARKAR & D.G. KARNIK, JJ. DATED: DATED: DATED: MARCH 21, 2007 P.C: P.C: P.C: Heard. Considering the fact that no rights of the parties as such have been decided by the impugned order and all the rights have been kept open, nothing prevents the appellant from taking out a fresh Motion after amendment, if any, is allowed to the plaint. All contentions are kept open. With these observations, the appeal is rejected. (D.G.Karnik, J.) (R.M.S.Khandeparkar, J.) sjs/m7a117.7 sjs/m7a117.7 sjs/m7a117.7