1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO. 995 OF 2007 APPEAL FROM ORDER NO. 995 OF 2007 APPEAL FROM ORDER NO. 995 OF 2007 WITH CIVIL APPLICATION NL.1362 OF 2007 CIVIL APPLICATION NL.1362 OF 2007 CIVIL APPLICATION NL.1362 OF 2007 IN NOTICE OF MOTION NO. OF 2007 IN S.C. SUIT NO. 374 OF 2007 Mr. Devinder Singh Kochar & Ors. ...Appellants (Org.Defendants) Versus Mr. Manjitsingh Davendrasingh Gill &Ors. ..Respondents (Org.Plaintiffs) Mr. Sanjay Jain & Mr. Dinesh Jain, Advocates i/b. M/s. L.J.Law, Advocates for the appellants. Mr. G.S.Godbole, Advocate, a/w Mr. Ajay Mishra, Advocate for respondents 1 & 2. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 10th January,2008. DATE: 10th January,2008. DATE: 10th January,2008. P.C. P.C. P.C. 2 1. Heard learned Counsel for both the parties. 2. This Appeal is preferred by the original defendants against the order of ad-interim injunction passed by the trial Court while the Notice of Motion is still pending. 3. The learned Counsel for the respondents/plaintiffs pointed out that the defendants-appellants have not pleaded before the trial Court as to how they or any other person were elected as president, secretary or other office-bearers. To this, the learned Counsel for the appellants-defendants contended that before the trial Court there was a short notice and, therefore, they could not prepare a detailed reply and also could not take up proper pleadings. It appears that there is a dispute about production of the documents. For decision on the Notice of Motion, it will be necessary to give an opportunity to the defendants to file detailed reply and also to produce relevant documents which they may be having. At the same time, the plaintiffs may also be directed to produce the original documents before the trial Court to avoid any dispute of authenticity of the copies of the documents which are produced before the Court. 3 4. Taking into consideration the circumstances, I find that it will be necessary for both the parties to approach the trial Court for hearing and disposal of the Notice of Motion. 5. In the result, the Appeal is disposed of with the following directions :- (i) The defendants-appellants shall file their detailed reply to the Notice of Motion within 7 days from this date. They shall be given an opportunity to produce the documents, affidavits, etc. which are necessary in support of their claim. The plaintiffs shall also produce all the documents before the trial Court in original for perusal of the Court. (ii) The trial Court shall expedite the hearing and dispose of the Notice of Motion within two weeks after the filing of the reply by the defendants-appellants. (iii) The ad-interim relief granted by this Court on 14th December, 2007 in Civil Application No.1362 of 2007 shall stand vacated. 4 6. In view of the disposal of the Appeal itself, the Civil Application does not survive and stands disposed of. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)