1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPEAL NO. 18 of 2008 with CA 1377/2008 in COAPP 18/2008 G.K.Varghese & ors. ....Appellant v/s. OFS Industries (P) Ltd. ....Respondents WITH COMPANY APPEAL NO. 30/2008 CLB/CP 4 OF 2007 H.R.Kanchan ...Appellant v/s. OFS Industries (P) Ltd. & ors. ...Respondents Mr. Aspi Chinoy, Sr. Counsel a/w. Vibhav Krishna, Laxmi Mordekar and Vishal Nahar i/b. Juris Consillis for the appellant in co.appeal 18/2008. Virag Tulzapurkar, Sr. Counsel a/w. Saumya Srikrishna i/b. Kanga & co. for respondent no.2. B. Colabawala i/b. Desai Desai Carrimjee & Mulla for respondent no.1. M.S. Bhandari i/b. Johnson John for the appellant in 30/2008. CORAM:- A.M.KHANWILKAR, J DATED:- June 18, 2009. 2 P.C. Heard Counsel for the parties. In my opinion, arguable questions of law will arise for consideration in this appeal, amongst others, as articulated in clauses IV, VII, VIII and XIV of the memo of appeal at page 1318, 1319 and 1322 respectively. Hence admit. 2. In so far as interim relief is concerned, the Appellants have taken out application being No. 1377/2008 for the reliefs mentioned therein. Counsel for Respondent No.1 on instructions states that the company shall not create third party rights or sell or transfer the properties referred to as under: (i) Farm and factory situated at OFS Thottam, 9/26-A, Kilchitrachavady, Perur Vedapatti Road, Choimbatore 641007 (ii) Unit No. 126 of Damji Shamji Udyog Bhavan, Andheri (W), Mumbai 400 053. (iii) OFS Petrol pump situated at Perambra, Trichur District. Besides, the company shall submit Balance-sheet and Profit and Loss account every six monthly till the disposal of the appeal. On submission of the accounts, copy thereof be made over to the Appellant at their cost. 3. Counsel for Respondent No. 2 supports the stand taken by Respondent No. 1 and assures to abide by the undertaking given on behalf of the company 3 before this Court through Counsel which has been accepted in terms of this order. 4. It is, however, made clear that Respondent No.1 company would be free to apply for modification or relaxation of condition in respect of the abovesaid immovable properties which request will be considered on its own merits. 5. In view of the above, no further orders are required on the company application. Hence, the same is disposed of. (A.M.KHANWILKAR, J) The above corrections in appearance of Advocate for the appellant is carried out as per order dated 26/6/2009 in CA. 1377/2008. 4