1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2549 OF 2009 IN APPEAL NO.179 OF 2009 IN NOTICE OF MOTION NO.3951 OF 2008 AND NOTICE OF MOTION NO.3952 OF 2008 AND CHAMBER SUMMONS NO.1338 OF 2008 IN SUIT NO.437 OF 2004 Alcobex Metals Ltd. .... Appellants V/s. Sai Shipping Company Pvt. Ltd. And Ors. ..... Respondents Mr.Kadantot Jacob i/by Duttmenon Dunmorr Sett, for the appellants. Mr.Manoj Khatri, for defendant No.2. Mr.Vernekar i/by Harichania & Narichania, for respondent Nos.1 and 3. CORAM :P.B.MAJMUDAR & R.C.CHAVAN, JJ. DATE : NOVEMBER 03, 2009 P.C. 1. The appellants are the original plaintiffs of Suit No.437 of 2004. So far as the suit is concerned, the learned Single Judge has dismissed the suit on the ground of limitation. The appellants have preferred an appeal against the impugned order and the same is admitted. 2 2. By way of this notice of motion, it is prayed that during the pendency of the appeal, the order of the learned Single Judge may be stayed. The learned Single Judge has also imposed cost of Rs.10,000/- on the plaintiffs. So far as the prayer regarding stay of the operation of the impugned order is concerned, in our view, when the suit is dismissed, stay cannot be granted. Prayer for staying of the impugned order which may include cost of Rs.10,000/- is not required to be stayed as the suit is dismissed and the amount of cost which is awarded by the learned Single Judge is in the nature of money decree. 2. However, the learned counsel for the appellant submitted that since the suit is dismissed on the preliminary ground, the appeal may be heard expeditiously. The learned counsel for respondent No.2 states that he has not been served with the copy of the appeal memo till date. The learned counsel for respondent Nos.1 & 3 states that he has not been provided with necessary documents forming part of the appeal. The learned counsel for the appellants to give copy of the appeal memo and the necessary documents forming part of the appeal to the learned counsel for respondent No.2 and learned counsel for respondent Nos.1 & 3 within a period of two weeks from today. In the facts and circumstances of the case and considering the fact that the suit is dismissed on preliminary ground, hearing of the appeal is expedited and the appeal is fixed for final 3 hearing peremptorily on 30-11-2009. 3. In view of what is stated above, the notice of motion is disposed of. ( R.C.CHAVAN, J. ) ( P.B.MAJMUDAR, J.)