1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.AM. No.9/2009 in Arbitration Appeal No.12 of 2009 (Bishop D.K. Sahu ..V/s.. The National Council of Churches of India +1) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Masood Sharif, counsel for the appellant. Mr. A.S. Jaiswal, counsel for respondent no.1 and 2. CORAM : SMT. VASANTI A. NAIK, J. DATE : OCTOBER 8, 2009. By this application the applicant seeks interim injunction restraining the respondents from issuing any advertisement and from selecting or making appointment of any person other than the applicant for the post of the General Secretary for a term of five years commencing from 4th of January 2010, till the disposal of the Arbitral proceedings before the Board of Arbitrators. It is not disputed that the dispute is pending before the Board of Arbitrators. The matter before the Board of Arbitrators would be decided on its own merits and on the basis of the pleas and objections raised by both the parties including the question of jurisdiction. By an earlier order dated 29th of September 2009 this court had vacated the order of status-quo granted on 18th of September 2009 in view of the statement made on behalf of the respondent nos.1 and 2 that the appointments would not 2 be made till 3rd of January 2010 and the appellant would also not be dislodged till that time. The present application, in such circumstances is premature and in fact seeks a modification of the order dated 29th September 2009. Even otherwise the appointments would not be made in any case till 3rd of January 2010 and the appellant would also not be dislodged till that time. Hence, prayer made in prayer clause (a) of this civil application cannot be granted. Even if the respondent nos.1 and 2 make selection for the post of General Secretary, it is made clear that the said selection would not in any manner prejudice the case of the appellant before the Board of Arbitrators. The Civil application is therefore disposed of in the aforesaid terms. JUDGE Tambaskar.