-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODGING) NO. 93 OF 2009 IN NOTICE OF MOTION NO. _____ OF 2009 IN SUIT (LODGING) NO. 356 OF 2009 IDBI Bank Limited and another ).. Appellants Versus MAYTAS Infra Limited and others ).. Respondents Mr Virag Tulzapurkar a/w Mr Birendra Saraf, Mr Vikram Trivedi, Mr Sunil Tilokchandani, Mr Sachin Chandarana & Mr Durgesh Khanapurkar i/b M/s M K Ambalal & Co. for the Appellants. Mr R A Dada, Senior Counsel, a/w Mr Chetan Kapadia, Mr Karl Shroff i/b Ashu Thakur for Defendant No.1. CORAM : SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. DATED : 13TH FEBRUARY 2009 P.C. We have heard the learned Counsel appearing for the Appellants. The challenge is to the order dated 9th February 2009. It needs to be examined whether an Appeal can lie against such an order. -2- Be that as it may, we are even otherwise not inclined to interfere with the impugned order passed by the learned Single Judge as only notice has been issued to the Defendants returnable after two weeks. The contention raised is that there are number of Defendants and it may not be possible to serve them in the normal course. We do not see any reason to interfere. Appeal dismissed. No order as to costs. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.