1 rma IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO. 3173 OF 2009 IN APPEAL NO. 170 OF 2009 IN CHAMBER SUMMONS NO. 455 OF 2006 IN SUIT NO. 514 OF 1984 M/s. Deepak Arts .. Appellant Vs Aderbad Co-op Housing Society Ltd & Ors .. Respondents Mr. Gaurav Joshi a/w Jyoti Ghag i/b Thakore Jariwala & Associate for the Appellant Ambreen Saheed i/b Rita Bhatia for Respondent No. 1 Mr. Prashant Desai i/b Bilawala & Co for Respondent nos. 9 to 11 CORAM : B.H. MARLAPALLE & C. L. PANGARKAR,, JJ. DATE : 10th February, 2010 P.C.: 1. Heard the learned counsel for the parties. 2. In Chamber Summons No. 455 of 2006 filed in Suit No. 514 of 1984, the learned single Judge passed an order dated 04.02.2009 dismissing the Chamber Summons as being misconceived and clarified that the said order did not prevent Defendant no. 12 – 13.nma3173-09 2 present Applicant from instituting an independent proceedings and seeking appropriate declarations against the Plaintiff and other Defendants to the suit, so also the Heritage Committee and the Court Receiver. The said order dated 04.02.2009 is the subject matter of challenge in Appeal No. 170 of 2009 which has been admitted on 07.07.2009. 3. The prayer made in this Notice of Motion is for the same relief which could be granted to the Applicant if Appeal No. 170 of 2009 is finally allowed. In short, by this Notice of Motion, the Applicant is seeking the final relief which can be granted in the pending Appeal. 4. We have perused the order passed by the Supreme Court as well as the order passed by the Division Bench of this Court and we are satisfied that the relief prayed for in this Notice of Motion cannot be granted, at least, at this stage. 5. Hence, the Notice of Motion is rejected. [C.L. PANGARKAR, J.] [B.H. MARLAPALLE, J.] 13.nma3173-09 3 13.nma3173-09