1 rma IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. APPEAL (L) NO. 192 OF 2009 IN NOTICE OF MOTION NO. 4366 OF 2008 IN SUIT NO. 3419 OF 2008 Darshan Group and Another .. Appellants Vs Yusus Dawoodbhai Braketwala & Ors .. Respondents Mr. Kunal Cheema for the Appellants Mr. Himanshu Takke for Respondent no. 1 Mr. Harish More for Respondent no. 2 CORAM : B.H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ DATE : 5th February, 2010 P.C.: 1. Heard Mr. Cheema, the learned counsel for the Appellants – Plaintiffs. 2. In Suit No. 3419 of 2008, Notice of Motion No. 4366 of 2008 was taken out and by the impugned order, the prayer for ad interim relief was rejected. The Notice of Motion is still pending and by the impugned order, it was directed to be heard finally in due course. 3. The fact remains that from the time the suit was filed sometimes in 2b.appl192-09 2 the year 2008, there is no injunction operating in favour of the Plaintiffs and it would be, therefore, appropriate that the Plaintiffs to apply for early disposal of the Motion pending in the suit. 4. Hence, the Appeal is dismissed with liberty to the Plaintiffs to apply for early disposal of the pending Motion. [SMT. V.K. TAHILRAMANI, J.] [B.H. MARLAPALLE, J.] 2b.appl192-09