: 1 : Vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.42 OF 2010 Ravi Kiran Aggarwal ... Appellant V/s. Shree Krishna Hindu Merchants Club & Ors. ... Respondents Mr.Aspi Chinoy with Atul Rajadhyaksha i/b Nagendra Dube for Appellant Mr.D.D. Madon with Hemang Jariwala, Nikhil Rajani i/b V.Deshpande &Co. for Respondent No.1 CORAM: SMT.NISHITA MHATRE, J. DATED: FEBRUARY 3, 2010 P.C.: 1. The appeal has been preferred against the order passed by the trial Court refusing the injunction to the appellant-plaintiff. The appellant-plaintiff has filed the suit contending that the enquiry which has been instituted against him by the defendants is vitiated on several grounds. One of the grounds raised was that the enquiry committee consisted of members who were biased and, therefore, they could not be permitted to hold the enquiry. The trial Court has held that prima facie the appellant had established the defendant Nos.4 and 5 were biased against him and therefore, had directed that these persons should be excluded from the enquiry committee. 2. After arguments were heard on the earlier occasion for some time, the learned counsel for the defendants submitted that a fresh resolution would be passed : 2 : by the club wherein new persons would constitute the disciplinary committee. 3. Pursuant to this submission made by the learned counsel, a resolution has been passed by the Club on 29.1.2010. The following three persons have appointed as members of the new disciplinary committee who would now hold the enquiry against the appellant - Mr.Bhavesh Shah, Mr.Rajinder Kumar Jain and Mr.Matadin Kejriwal. 4. In view of these circumstances, the appeal does not survive and is disposed of. The enquiry against the appellant will be conducted by the aforesaid three persons in accordance with law. The enquiry will be completed within six months from today. All contentions of the parties including any objection regarding the composition of the committee, are left open. Mr.Chinoy submits that in view of the new resolution passed, the appellant will not insist on a five member committee holding the enquiry. 5. In view of the disposal of the appeal, civil application No.62 of 2010 does not survive and the same stands disposed accordingly.