:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 1689 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.R.S.Ghatge h/f. Mr.A.S.Desai, Adv. for the petitioners. Mr.Amit Borkar, Adv. for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 24TH MARCH, 2008. P.C. P.C. P.C. : : : 1. There is no reason to interfere with the order passed by the lower Appellate Court vacating the interim injunction granted in favour of the present petitioners. The lower Appellate Court has observed that the Trial Court has framed the issue of jurisdiction in the light of the contentions raised by the Respondent-Bank. However, considering serious :2: :2: :2: disputes raised with regard to the maintainability of the proceedings before the Co-operative Court and in the light of Section 34 of the Secrutisation Act, the Learned Judge of the lower Appellate Court was right in vacating the order passed by the Trial Court and rejecting the Application for interim injunction. The Learned Judge has maintained the order with regard to framing of preliminary Issue. That will be decided as per the order and direction issued by the Co-operative Court in that behalf. There is no reason to interfere or to issue any directions as prayed. Petition dismissed. No costs. *******