IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 405 OF 2011 ALONGWITH CIVIL APPLICATION NO. 573 OF 2011 [FOR INJUNCTION] IN APPEAL FROM ORDER NO. 405 OF 2011 M/s. Crust Enterprises ......... Appellant V/S. Venilal Pranjivan Mistry & Ors. ....... Respondents. * * * * Mr. S.S. Kanetkar, Advocate for the appellant. Mr. Victor Fernandes, Advocate for the respondents. CORAM :- Smt. R.P. SondurBaldota, J. 5th May, 2011. P.C. :- 1. Mr. Kanetkar, states that the appellant has now preferred a substantive suit being Suit (Lodg) No. 1315 of 2011 in this Court and will be applying for ad-interim reliefs in the suit. In view of the filing of the substantive suit, the suit filed earlier for injunction simplicitor becomes infructuous and hence not maintainable. Consequently, the present Appeal from Order will also not be maintainable. Mr. Kanetkar, therefore seeks to withdraw the Appeal from Order and requests that the ad-interim order directing the parties to maintain status-quo be extended for a period of 2 weeks to enable the appellant to move the vacation Judge for interim reliefs. The Appeal from Order is allowed to be withdrawn. The ad-interim order directing the parties to maintain status-quo is extended for a period of 2 weeks from today. 2. With this, Civil Application No. 573 of 2011 taken out for injunction does not survive. The same is accordingly disposed off. [JUDGE]