1 app350.10.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 350 OF 2010 IN NOTICE OF MOTION NO. 1306 OF 2010 IN SUIT NO. 1191 OF 2010 Firoze Jainuddin Mantri ...Appellant. Vs. Mohemmedali M. Sali & Anr. ...Respondents. Mr. Anirudha A. Joshi i/by M/s. Viraj Maniar Associates for the Appellant. None for the Respondent. CORAM : P.B.MAJMUDAR & ANOOP V. MOHTA, JJ. DATE : 8th September, 2010 P.C.:- 1 This Appeal is preferred against the ad-interim order passed by the learned Single Judge, by which the learned Single Judge declined to grant ad-interim relief in favour of the plaintiff. The learned Single Judge has adjourned the notice of motion to 11-10-2010. The learned counsel for the appellant/plaintiff submits that there are certain observations in the order which are factually incorrect. The learned counsel for the appellant submitted that the agreement in question is still in subsistence. It is submitted that the appellant is having 50% share in the partnership firm 2 app350.10.sxw ssm and appellant has a right to purchase the property as per the MOU and has right to develop the property by entering into the partnership deed. It is submitted that both the clauses in MOU are separate clauses and are required to be read separately. 2. In our view, since the learned Single Judge has already fixed the notice of motion for hearing on 11/10/2010, instead of entertaining the appeal by which the ad-interim relief is refused, we permit the Appellant to raise all these points which are raised in this appeal before the learned Single Judge. It is required to be noted that the observations made by the learned Single Judge may be treated as tentative in nature. The contentions of both the sides are expressly kept open to be agitated before the learned Single Judge at the time of hearing of the Notice of Motion. The respective parties will be at liberty to mention before the learned Single Judge on the day on which the motion is fixed for hearing, for expeditious hearing of the Notice of Motion. The learned Single Judge may try to dispose of the Notice of motion as early as possible, preferably before 30th November, 2010. 3 Subject to what is stated hereinabove, the Appeal is disposed of. (ANOOP V. MOHTA, J.) (P.B. MAJMUDAR, J.)