gopi 1 app-379-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.379 OF 2011 IN NOTICE OF MOTION NO.387 OF 2011 IN SUIT NO.156 OF 1984 Dena Bank ..Appellant Vs. Jeeghar Laxmichand Karani & Ors. ..Respondents Mr. Pradeep Sancheti, Senior Advocate i/b. M/s.A.R. Bamne & Co., for the appellants. Mr. Karl Shroff with Mr. Jayesh Desai & Mr. Shakib Dhorajiwala i/b. Singhi & Co., for the respondent No.1.. CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. 18 July 2011 PC: This appeal is directed against the order dated 8 April 2011 of the learned trial Judge of this Court rejecting the appellant-plaintiff’s Notice of Motion No.387 of 2011 for seeking an injunction restraining the defendants from prosecuting Suit No.122/141/2006 filed by the respondents-defendants against the appellant-plaintiff in the Small Causes Court, Mumbai. The learned trial Judge of this Court has rejected the Notice of Motion on the ground that the arguments of the parties by the learned Counsel have already commenced and are about to be concluded in this week. gopi 2 app-379-11.sxw 2. In view of the above, without going into the merits of the controversy sought to be raised in this Appeal, we dismiss this appeal with an observation that we have not gone into the merits of the controversy and that in case any decree is passed against the defendants in the suit filed in the Small Causes Court the present appellant will be at liberty to seek appropriate relief from the Appellate Bench of the Small Causes Court. 3. Since the suit filed by the appellant before this Court is also pending from 1984 we request the learned trial Judge of this Court to take up Suit No.156 of 1984 for trial and judgment as expeditiously as possible. Appeal stands disposed of accordingly. CHIEF JUSTICE GIRISH S. GODBOLE, J.