1 AO No.627/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.627 of 2010 M/s.Om Builders Pvt.Ltd & others ... Appellants versus Tamil Kilachand and others ... Respondents ... Mr. S. Aney, Sr. Advocate with Mr.Prasad Dani i/b Yasmin Bhansali & Co. for the appellant. Mr.S. Cooper with Ms.Reena Salunkhe for respondent no.6 Mr.M.G. Joshi i/b M/s.RMG Law Associates for respondent no.1. Mr.Zal Andhyarujina with Mr.Dhiraj Mehetre i/b Desai Diwanji for respondent nos.18 to 21. Mr.Malavida Menon i/b Tyabji Dayabhai for respondent nos.12 to 16. CORAM : D.G. KARNIK, J DATED : 2nd December 2010 P.C. 1. Heard learned counsel for the parties for some time. 2. In view of the final order that is proposed to be passed, it is not necessary to quote the submissions of the parties elaborately. Suffice it to say that the impugned order is purely ad-interim in nature and is to operate only till the hearing of the Notice of Motion on merits. Some of 2 AO No.627/10 the learned counsel appearing for the parties stated that they wanted to file affidavits and also produce documentary evidence before the trial court. However, the ad-interim order was passed without they being given adequate opportunity of filing their affidavits and documents. In the circumstances, it would be appropriate to to remand the matter back to the trial court with a direction to hear the motion expeditiously after affording reasonable opportunities to the parties to file affidavits and the documents on which they wish to rely upon. Accordingly, I pass the following order: O R D E R 3. The hearing of the motion is expedited. The trial Judge shall decide the motion as expeditiously as possible and in any event within a period of three months. 4. Counsel for the parties state that they would file the affidavits in reply and the documents, if any, on which they wish to rely in the trial court within a week. Statement is recorded and accepted. In the mean while, the parties shall maintain the status quo as it exists today, till the disposal of the motion. 5. Appeal is disposed of. (D.G.KARNIK, J)