1 ao-1104.10 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1104 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Manoj S. Mhambrey for the Appellant. Shri P.P. Chavan i/by M/s. Divekar & Co. for the Respondent Nos.1 to 5. -- CORAM : A.S.OKA, J. DATE : 28TH FEBRUARY, 2011 P.C.: . Heard learned counsel appearing for the parties. By the impugned order dated 26th July, 2010, the learned Trial Judge has declined to grant ad-interim relief on a notice of motion for temporary injunction taken out by the Appellant. Hence, there is no reason to interfere with the discretionary order passed by the Trial Court. It is made clear that the observations made in the impugned order are tentative observations and while deciding the notice of motion, the learned Trial Judge will not be bound by this observations and the Notice of Motion shall be decided on its own merits. 2 ao-1104.10 2. Subject to what is observed above, no case for interference is made out. The appeal is dismissed. Hearing of the Notice of Motion is expedited. 3. The Respondent No.3 is permitted to withdraw his earlier affidavit and replace the same with affidavit tendered by today. 4. All contentions of the parties on merits are kept open. 5. Civil Application No.1360 of 2010 does not survive and the same is disposed of. (A.S.OKA, J)