1 caa432-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa CIVIL APPLICATION NO. 432 OF 2010 IN APPEAL FROM ORDER NO.298 OF 2011 M/s. Earnest John & CO. Pvt. Ltd. & Ors. .. Applicants V/s. M/s. John Builders Pvt. Ltd. & Ors. .. Respondents ..... Mr. Rohit Kapadia, Senior counsel with Mr. P. K. Dhakephalkar Senior Counsel and Mr. Santosh Shirur i/b. Ms. Daya Gupta for the applicants. Mr. S.U. Kamdar, Senior counsel i/b. M/s. Mulla & Mulla & CBC for respondent Nos. 1 and 2. ..... CORAM : A. S. OKA, J. DATE : MARCH 31, 2011. P.C.:- Heard the learned senior counsel appearing for the applicants and the learned senior counsel appearing for the respondents. Prima facie, it appears to me that by way of ad-interim relief, a very drastic order of ad-interim injunction has been passed by the trial Court. Looking to the wide nature of the prayer clause (a) of the Notice of Motion which has been granted by way of ad-interim relief, the 2 caa432-11 operation of the impugned order will have to be stayed. However, a workable order will have to be passed till the Notice of Motion is decided. Hence, I pass the following order : :: O R D E R :: (a) The operation of the impugned order is stayed. (b)i. On production of entry pass issued by the first respondent bearing the seal of the first respondent, the applicants shall allow the entry of the person producing the pass to the premises held by the respondents without any obstruction. ii. On production of entry pass issued under the seal of the first respondent, the applicants will allow entry of the cars to the parking area reserved for the respondents or the parking area reserved for the visitors. It is obvious that on production of such entry pass, parking of the cars either in the parking area reserved for the 3 caa432-11 respondents or the parking area reserved for the visitors shall be permitted by the applicants. iii. In the event, the respondents or the occupants desire to take any goods or articles to their respective premises, on production of intimation in writing under the seal of first respondent produced by the person carrying the said goods or articles, the applicants shall allow goods or articles to be carried to the respective premises without any obstruction. It is obvious that if the goods or articles are carried by respondents/occupiers by a truck or a transport vehicle, the applicants will permit entry of such vehicle in the compound only for the purpose of unloading the goods. However, the driver of such vehicle shall produce intimation or entry pass issued by the first respondent under its seal. iv. The persons who are allowed to enter building will be entitled to use common toilet in the building. 4 caa432-11 v. The applicants will permit entry of the respondents or their representatives to the electric meter room on the production of the intimation in writing by the first respondent. vi. In the event, there is any difficulty in implementation of this order, parties are liberty to apply. (c) The aforesaid directions shall continue to operate only till the disposal of the Notice of Motion pending in the trial Court. The Notice of Motion shall be decided on its own merits uninfluenced by the impugned order and this order. (d) Civil Application is disposed of in the above terms. JUDGE