1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.732 OF 2009 IN NOTICE OF MOTION NO.658 OF 2009 IN SUIT NO.1093 OF 2009 Digamber Shridhar Mhapsekar ..Appellant V/s Aryan Education Society & Ors. ..Respondents ---- Digamber S.Mhapsekar party in person. Mr.R.S.Datar for the respondent nos.1, 5 & 7. Mr.S.V. Gavand for the respondent no.8. ---- Coram : R.S.MOHITE,J Date : 1st October, 2009. PC 1 The appellant in person states that his Advocate Mr.M.P. Vashi is not well. He produces a letter stating that he would like to personally argue the case. In the circumstances, M.P.Vashi & Associates are discharged as an Advocate and the appellant is heard in person. The precipe is kept on record. 2 This appeal has been filed against an order passed dismissing plaintiff’s Notice of Motion No.2927/2006. The plaintiff has filed the suit impugning the legality of the decision taken in the Special General Body Meeting of defendant no.1 society held on 2 5.5.2009. In this suit he took out the present Notice of Motion bearing No.658/2009 for an injunction restraining the defendants from interfering with his rights to discharge his function as a Chairman and from holding any further meeting. He also sought certain other interim reliefs but no ad-interim relief was obtained by the plaintiff. In such circumstances, respondent no.1 held another Special General Body Meeting on 7.6.2009 and in that Special General Body Meeting, no confidence motion against the plaintiff was passed. Suffice it to say that the legality of Special General Body Meeting dated 7.6.2009 is not a subject matter of the suit. In the circumstances, no fault can be found in the impugned order refusing to grant any injunction as prayed for. Appeal from Order is therefore, dismissed. (R.S.MOHITE,J) 3