1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.1173 OF 1998 IN NOTICE OF MOTION NO.3400 OF 1998 IN SUIT NO.4618 OF 1998 Jetha Drums & Containers Pvt. ltd. & Another .. Appellants. V/s. Akbarali Hasambhoy Jetha .. Respondent. None for the appellants. Mr.V.Y. Sanglikar for the respondent. CORAM : R.M. LODHA, & CORAM : R.M. LODHA, & CORAM : R.M. LODHA, & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 23RD AUGUST, 2004. DATED : 23RD AUGUST, 2004. DATED : 23RD AUGUST, 2004. P.C. : . None appears for the appellants. Mr.V.Y. Sanglikar, learned counsel appears for the respondent. 2. The learned counsel for the respondent submits that the appeal has become infructuous. It is so because it arises out of the order refusing to grant ad-interim relief in the notice of motion but later on the notice of motion itself has been 2 dismissed. 3. The learned counsel for the respondent may be right and that is why nobody is appearing on behalf of the appellants. 4. The appeal is dismissed. (R.M. LODHA, J.) (R.M. LODHA, J.) (R.M. LODHA, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)