SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1775 OF 2008 IN WRIT PETITION NO.7085 OF 2002 Bharat Petroleum Corporation Ltd. ...Applicant Versus Haresh Nagji Chheda ...Respondent ...... Mr.G.R.Rege i/b Mr.S.R.Page for Applicant. Mr.A.V.Anturkar i/b M/s.H.V.Gala & Co. for Respondent. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. AUGUST 26, 2008. AUGUST 26, 2008. AUGUST 26, 2008. P.C. P.C. P.C. 1. Explanation offered by the Officer dated 8th August 2008 is accepted. 2. This Civil Application has been filed in Writ Petition No.7085 of 2002 which challenges the order passed on Application Exhibit 5 in Regular Civil Suit No.99 of 2001. Against the decision of the Trial Court, Writ Petitioner had carried the : 2 : matter in appeal being Civil Misc.Appeal No.9 of 2002. The relief claimed in Exhibit 5 was simplicitor for injunction. No relief for appointment of Receiver is claimed in that application. If it is so, the relief now claimed in the present Application for appointment of Receiver cannot be considered for the first time before this Court. The Applicant/Writ Petitioner is free to make that application before the Trial Court. 3. Counsel for the Petitioner invites my attention to the order passed by this Court of staying the proceedings before the Trial Court. For the time being, even assuming that the issue of jurisdiction of the Court has been raised by the opposite party, the question whether ad-interim order can be passed during the pendency of consideration of preliminary issue of jurisdiction, can always be considered by the Trial Court. 4. In the circumstances, the Petitioner is granted liberty to take out appropriate application before the Trial Court as may be advised regarding : 3 : prayer for appointment of Receiver which will have to be proceeded in accordance with law, uninfluenced by the fact of pendency of present proceedings in this Court. The stay of further proceedings of the Suit is modified to this limited extent. 5. The Trial Court shall pass ad-interim order on the said application and if the situation so warrants, may proceed to appoint the Court Receiver by way of ad-interim arrangement. All questions in that behalf are left open, to be decided by the Trial Court. 6. Application disposed of on the above terms with direction to the Registry to place all companion main matters (Writ Petition No.7085/2002, Civil Revision Application Nos.534/2002, 1311/2001 & 1366/2001 and Appeal from Order No.789/2001 with Civil Application No.947/2001) under caption ‘final disposal’ on 24th September 2008. 7. Assurance given by the Advocates for the parties that the arguments will be concluded not : 4 : exceeding one and a half hours on both sides together, is accepted. Counsel for the parties will be free to file synopsis and brief written submissions indicating the points that they intend to argue on or before 19th September 2008. A.M.KHANWILKAR, J.