1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 304 OF 2009 M/s.Universal Communications P. Ltd. ... Appellant v/s The Union of India & anr. ... Respondents Mr.A.M.Saraogi for the appellant. CORAM: SMT.NISHITA MHATRE, J. DATED: 12TH NOVEMBER, 2009 P.C.: 1. The present appeal from order has been filed against the refusal of any interim relief in Notice of Motion No.4149 of 2005. 2. The main contention of the plaintiff was that a Bank guarantee given by the plaintiff in respect of the serial “Chandrodayam” to the Doordarshan, is being encashed against other dues which may be payable by the appellant to the respondent. The Trial Court, by its order dated 28.1.2009 has rejected the application since it was not 2 possible to form a prima facie conclusion that the defendants were seeking to encash the Bank guarantee malafide without there being any outstanding amount payable by the plaintiff. Since this order is passed on 28.1.2009, in my opinion, the appropriate order would be that the suit should be heard as expeditiously as possible. 3. Appeal from order dismissed. Special Civil Suit No. 5219 of 2005 expedited. 4. Civil application No.366 of 2009 also stands dismissed in view of dismissal of the appeal from order. ..... 3