1 caw1659-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1659 OF 2011 IN CIVIL APPLICATION NO.316 OF 2009 IN WRIT PETITION NO.732 OF 2008 Lifeline Hospital & Medical Research Centre (India) Pvt Ltd & Ors .. Applicants versus The C.K.P Co-operative Bank Ltd & Ors .. Respondents Mr.Shriram S. Kulkarni for the applicants. Mr.S.E.Kazi for respondent No.1. Mr.S.N.Bhosle, A.G.P for respondent No.2. Mr.R.B.Jaiswal for respondent No.4. Mr.Tejal Dane for respondent No.5. CORAM : S.C.DHARMADHIKARI, J. 12th August 2011. P.C.: . Heard both sides. Mr.Kulkarni appearing in support of this application submits that the order passed on the Civil Application No.316 of 2009 in Writ Petition No.732 of 2008 together with Civil Application No.238 of 2010 and Civil Application No.2474 of 2010 2 caw1659-11.doc on 16th June 2011, be continued so as to enable the applicants to file a civil suit impleading the 1st respondent-Co-operative Society. Mr.Kulkarni submits that 1st respondent is a Co-operative Bank and when this application was decided, it was not present to the mind of the applicant or their advocates, that notice under section 164 of the Maharashtra Co-operative Societies Act, 1960 may have to be issued. Now such notice has been issued on 4th August 2011 and the applicants will have to wait for the period specified in the notice for filing a civil suit in terms of the liberty granted by this Court. Therefore, the ad-interim protection be continued so as to enable the applicants to pursue the civil suit. 2 This application is opposed by the contesting respondent No. 1 and Mr.AShwin Shah, both of whom state that the ad-interim order may not be continued any further and in any event, it prejudices the auction purchaser Mr.Ashwin Shah. 3 Having heard all parties at length and finding that Mr.Ashiwn Shah was served with the copy of civil applications, but, chose not to remain present on the relevant date, so also the 1st respondent- 3 caw1659-11.doc Bank not denying the fact that notice under section 164 of the Maharashtra Co-operative Societies Act, 1960 is necessary, interest of justice will be served if without prejudice to the rights and contentions of all parties, the ad-interim order passed by this Court on 16th June 2011 is continued till 15th October 2011. Order accordingly. (S.C.DHARMADHIKARI, J)