1 9 ao.346.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 346 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. R.S.Yadav for the Appellant. Mr. Amol Joshi and Vinod Rane for Respondent No.1. CORAM : A.S.OKA, J. DATE : 01 st April, 2011. P.C. 1 Not on board. Taken on board. 2 Heard the learned counsel appearing for the parties. 3 The challenge in this appeal is to the order passed on 15 th February, 2011 on the Contempt Notice of Motion No. 107 of 2011. The submission of the learned counsel appearing for the Appellant is that the notice of motion was taken out by invoking Rule 2-A of Order XXXIX as well as Section 151 of the Code of Civil Procedure, 1908. As far as the rejection of the application under Section 151 of the said Code is concerned, appeal from order is not provided either under Section 104 or under Order XLIII of the said Code. As far as order passed rejecting the application 2 9 ao.346.11 under Rule 2-A of Order XXXIX of the said Code is concerned, the Bombay Amendment will apply and the appeal will not lie under clause (r) of Rule 1 of Oder XLIII of the said Code. 4 Appeal from order is, therefore, dismissed as not maintainable. However, it will be open for the Appellant to adopt appropriate proceedings for challenging the impugned order. All contentions of the parties on merits are kept open. [ A.S.OKA, J ]