: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.229 OF 2010 Darshan Heights Co-op. Housing Society Ltd. ... Appellant V/s. Taufique Ahmed Khan & Ors. ... Respondents Mr.Kamlesh Tiwari for Appellant Mr.A.A. Kumbhakoni for Respondent No.1 Ms.K.K. Soraan for MMC CORAM: SMT.NISHITA MHATRE, J. DATED: MARCH 12, 2010 P.C.: 1. The appeal has been preferred by the cooperative society contending that the suit filed by the respondent plaintiff is not maintainable before the City Civil Court as a notice has not been issued u/s 164 of the Maharashtra Cooperative Societies Act. It is also contended that the ad-interim injunction granted in terms of prayer clauses (a), (b) and (c) of the Notice of Motion ought to be vacated till the issue of maintainability of the suit is decided. 2. After hearing Counsel for the parties, in my view, the injunction granted in terms of prayer clause (b) must be vacated. 3. An injunction has been granted in terms of prayer (a) of the Notice of Motion, restraining the appellant from permitting a third person to construct a hoarding on the site by entering into an agreement. An injunction in terms of prayer (c) against the Corporation has been granted restraining it from issuing a licence in favour of any : 2 : other person for erecting a hoarding on the suit site. 4. In my opinion, while an injunction in terms of prayer clauses (a) & (c) of the Notice of Motion can continue till the issue of maintainability of the suit is decided, the injunction in terms of prayer clause (b) must be vacated. 5. Accordingly, the appeal is disposed of in the following terms: i) the order impugned is modified to the extent that the ad-interim injunction against the defendants as prayed for in notice of motion is granted in terms of prayer clauses (a) and (c) only. ii) The ad-interim relief in terms of prayer clause (b) is vacated. iii) The show-cause notice issued by the Corporation to the respondent- plaintiff regarding cancellation of the licence will be answered by the respondent-plaintiff. However, while dealing with the same, the Corporation will take note of the fact that the injunction in terms of prayer clause (b) has been vacated in the pending suit. iv) The appellant has already entered into an agreement with a third party on 2.2.2010. However, the learned advocate for the appellant states that despite this agreement, the third party will not be permitted to erect any hoardings on the suit site till the notice of motion is heard. This statement is accepted.