1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. APPEAL NO.519 OF 2008 IN NOTICE OFMOTION NO.2661 OF 2008 IN SUIT NO.2197 OF 2008 Surindra Engineering Co. Ltd. And another ..Appellants. Vs. Mandeep Ahluwalia Pahwa and others ..Respondents. .... Mr. P.K. Samdani, Senior Advocate with Mr. Chetan Kapadia i/b M/s. Nankani & Associates for the Appellants. Mr. Simil Purohit i/b Wadia Ghandy & Co. for Respondents 1 and 2. Mr. A.P. Wachasundor for Respondents 3 and 4. Mr. Virag Tulzapurkar, Senior Advocate with Mr. V.B. Naik i/b M/s. Naik, Naik & Co. for Respondent No.5. Mr. Rajesh Patil i/b Mahesh Jani & Co. for Respondent No.6. Mr. Gaurav Joshi i/b Anil T. Agarwal for Respondent No.7. .... CORAM: SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. 16th February, 2009. P.C. : We have heard learned counsel appearing for the parties. 2 We see no reason to interfere with the order in the appeal. Firstly, it is an ad interim order passed by the Learned Single Judge and subject to the disposal of the Motion. Moreover, the Motion was on Board with effect from 13th January, 2009. Secondly, the Learned Judge has specifically noticed that the Defendants have issued a public notice and Appellants have come to the Court after the lapse of three years. Thirdly, at the end of the order the Learned Judge has also noticed that any further transaction will be subject to orders to be passed in the Motion / Suit. While declining to interfere we make it clear that the observations made in this order are a prima facie view of the Court and would obviously not come in the way of the final decision of the Motion by the Learned Judge and it is expected of the Respondents to put the third parties to notice of the order passed. Liberty to request the Learned Single Judge for expeditious disposal. The Appeal is accordingly disposed of. CHIEF JUSTICE 3 DR. D.Y. CHANDRACHUD, J.