1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2233/2009 IN SUIT NO.1600/2009 Rajinder Kumar Sehgal and another. ..Plaintiffs -VERSUS- Lalchand Arya and others. ..Defendants ............... Mr.F.Divetre, Senior Advocate i/b Federal and Rashmikant, for the Plaintiff. Mr.A.I.Talegaonkar i/b M/s Bhaishankar Kanga & Girdharlal, Advocate for the Defendants Nos.1, 3 to 5, 8 to 14 and 16. ............... CORAM: A.P.DESHPANDE, J. 06th July, 2009. PC:- 1 The learned counsel for the Defendants Nos.1, 3 to 5, 8 to 14 and 16 has filed a Pursis wherein it is stated that the Defendant No.16 has withdrawn the suspension orders, suspending the Plaintiffs’ membership from the “Arya Samaj”, passed in the meeting held on 09.06.2009 and communicated to the Plaintiffs by notice dated 12.06.2009. The subject matter of the Notice of Motion is the legality of the said suspension orders issued to the Plaintiffs. 2 In view of the categorical statement made by the Defendant No.16 in paragraph No.1 of the Pursis that suspension of membership of the Plaintiffs has been withdrawn with immediate effect, meaning thereby w.e.f. 06.07.2009 and uninfluenced by the statement made in paragraph No.2 of the Pursis, which the Plaintiffs are disputing and denying to be true and correct and asserting it to be false; nothing survives in the Notice of Motion and the same stands disposed of as infructuous. 3 At this stage, the learned counsel for the Plaintiffs submits that as the Defendants are withdrawing the notice w.e.f. 06.07.2009, they would treat the suspension of the Plaintiffs as effective from 09.06.2009 till 06.07.2009 and whatever actions are taken in that period would adversely affect the Plaintiffs. 2 If and in case this is the apprehension of the Plaintiffs then the Plaintiffs need to take out appropriate Notice of Motion explaining the action/actions taken by the Defendants which goes to adversely affect the interest of the Plaintiffs. Liberty is granted to the Plaintiffs to take another Notice of Motion seeking appropriate reliefs, if so advised. JUDGE kps