1 wp9279.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 9279 of 2010 Area Distributors HP Lubricants ..Petitioner v/s. Dr. (Mrs.) Gulshan Darius Dastur & ors. ..Respondents Mr. Harish Pandya with Ashokuvarma i/b Mr. S.K. Mishra for the petitioner. Mr. A.T. Suryavanshi i/b. Makarad Gandhi & co. for respondents 1-3. Mr. R.C. Shah i/b. M/s. Pramod Kumar & co. for respondent no.5. Mr. K.N. Singh & Nikhil Agarwal, M. Siodia i/b. Rustamji & Jinwala for respondent no.4. CORAM:- B.R. GAVAI, J DATED :- JANUARY 14, 2011. P.C. The interest of justice would be sub served by permitting the Petitioner to take out a separate notice of motion for taking steps against the newly added party i.e. the Respondent No. 5 herein. Shri Shah, the Learned Counsel appearing on behalf of Respondent No.5 fairly concedes that in the event such a notice of motion is taken out by the Petitioners, the 2 wp9279.10.sxw same would not be objected only on the ground that earlier two notice of motion nos. 2642/2010 and 2666/2010 were rejected. 2. In that view of the matter, the Petition is disposed of with liberty to the Petitioner to file a separate notice of motion for necessary reliefs against the Respondent No. 5 within a period of one week from today. On such notice of motions being filed, the Learned Trial Judge shall decide the same after giving an opportunity for hearing to the parties within a period of four weeks from taking out notice of motions. 3. Needless to say that while deciding the notice of motions, the Learned Judge would give reasons for the order that would be passed. (B.R. GAVAI, J)