1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.788 OF 2008 IN SECOND APPEAL NO.123 OF 2008 Shri Dinanath Badrinath Chhabra & Ors. )..Applicants Vs. M/s.Dimple Audio Video Pvt. Ltd., )..Respondents ---- Mr. G. H. Keluskar for the applicant. Mr.N.R. Bubna for the respondents. ---- Coram : R.S.MOHITE,J Date : 8th March, 2010 PC 1 Heard both sides. Rule. By consent of parties, rule made returnable forthwith. The Second Appeal has already been admitted earlier by a separate order passed in the main appeal. Ad-interim relief was granted on 17.4.2008. The prayer which is pressed is regarding return of plaint to the plaintiff. Appeal is filed by the original plaintiff and by the impugned decree, it is directed that the plaint be returned to the appropriate Court having jurisdiction. The grant of this relief will prejudice the present applicants who will have to face separate proceedings not-with-standing the fact that Second Appeal has been admitted. It will also result in multiplicity of proceedings. In the circumstances, the ad- interim relief which is granted on 17.4.2008 is confirmed during the pendency of the Second Appeal. Rule made absolute in the aforesaid terms. (R.S.MOHITE,J) 2 3