IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.412 OF 2009 IN NOTICE OF MOTION NO.1069 OF 2007 IN SUIT NO.788 OF 2007 WITH NOTICE OF MOTION NO.3323 OF 2009 Quantum Advsors Private Ltd. ...Appellants Versus P.Mahendrakumar & Ors. ...Respondents ...... Mr.A.Y.Bookwala i/b M/s.Dalal & Co. for Appellants. Mr.S.G.Gokhale for Respondent No.1. Ms.Gargi Bhagwat i/b Divekar & Co. for Respondent No.2. ...... CORAM : SWATANTER KUMAR, C.J. AND A.M.KHANWILKAR, J. DATED : SEPTEMBER 29, 2009. P.C. : 1. We have heard the learned Counsel appearing for the parties. 2. This Appeal is directed against the order dated 13th August 2009, whereby the Notice of Motion taken out by the present Appellants has been dismissed. 3. It is not necessary for us to notice the facts in greater detail. Suffice it to note that the discretionary order, in the facts and circumstances of the case, does not call for any interference by us. 4. We may note that the learned Counsel appearing for the Respondents herein has submitted that they are not going to apply for issuance of duplicate share, as the original share certificate, whatever it might be, is in the possession of the Appellants. This obviously is without prejudice to the rights and contentions of the parties. 5. We may also notice that original Transfer Deed, Share Certificate and the letter from the Company was produced by the Appellants before us. 6. We see no reason to interfere in the order. Hence, Appeal stands dismissed. However, we make it clear that any observations made in the order under appeal will not affect the parties in final determination of the controversies in the Suit. 7. Liberty to the parties to move the learned Single Judge for expeditious hearing of the Suit. CHIEF JUSTICE A.M.KHANWILKAR, J.