1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 4570 of 2011 M/s Garg Gas Agencies & another ..VS.. Bharat Petroleum Corporation and others. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.S. Chandurkar, Adv. for the petitioners. CORAM : SMT. VASANTI A. NAIK J. DATE : 16 th September, 2011. Heard Shri Chandurkar, the learned counsel for the petitioners. The learned counsel for the petitioners submitted that the observation made in the paragraph 12 of the impugned order rejecting an application filed by the Union of India (Department of Explosives) is likely to prejudice the case of the petitioners in an appeal filed by the petitioners against the order passed by the trial court allowing the restitution application filed by the respondent no.2 under section 144 of the Code of Civil Procedure. On a perusal of the order passed by the trial court on the temporary injunction application in favour of the petitioner and the impugned order, specially paragraph 12 thereof, it appears that the apprehension expressed by the petitioners is not well founded as it is held in paragraph 12 of the impugned order that when an injunction order passed by the trial court is set aside in appeal, the remedy under section 144 of the Code of Civil Procedure would follow. The trial court had merely made a reference to the remedy under section 2 144 of the Code of Civil Procedure and had not observed anything on the merits of the appeal filed by the petitioners against the order passed in favour of the respondent no.2 under section 144 of the Code of Civil Procedure. Hence, the writ petition is dismissed with no order as to costs. JUDGE Hirekhan