1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.674 OF 2010 IN WRIT PETITION NO.7555 OF 2007 ... M/s.Fine Arts Project Management Consultant ..Applicant v/s. Mr.Rajiv Gupta & ors. ..Respondents ... Shri N.V.Walawalkar with Mr.Jeetendra Sachdeo for the Applicant. Mr.Mahesh Menon for Respondents Nos. 1 to 39. Mr.R.V.Govilkar for Respondent No.43. ... CORAM: D.K.DESHMUKH, & R.Y.GANOO, JJ DATED: 30 th April,2010 P.C.: Heard the learned Counsel for both sides. The application is liable to be rejected for several reasons. First reason is, the interim order was challenged before the Supreme Court. The Supreme Court declined to condone 2 the delay and granted only liberty to move this court for expediting hearing of the matter. No liberty appears to have been granted for filing review of the interim order. Secondly, on the basis of the order dated 17-6-2008, the Applicants have continued to raise the construction. Now, after having taken advantage of that order, they want to turn around and say that they be permitted to create third party rights. In our opinion, the application is malafide. Permitting the Applicants to create third party rights will not be in public interest, because it may cause prejudice to the interest of unsuspecting third party. Civil Application is, therefore, rejected. (D.K.DESHMUKH, J.) (R.Y.GANOO, J.)