IN THE HIGH COURT OF BOMBAY AT GOA COMPANY APPEAL NO. 3 OF 2010 MR. SHAMBHU A. PAI PANANDIKER AND 5 ORS., ... Appellants Versus M/S. MARPOL PRIVATE LTD AND 22 ORS., ... Respondents Mr. Parag Rao, Advocate for the appellants. Ms. Jimi John, Advocate for respondent No.1. Mr. P. Karpe, Advocate for respondents no.2 & 4. Mr. Preetam Talaulikar, Advocate for respondents No.3 and 5. Coram:- S. C. DHARMADHIKARI, J. Date:- 17th March, 2011 P.C.:- The grievance of the appellants is that the Member of the Company Law Board had heard the Company Application No.128/2010 and reserved the same for orders. However, by the impugned order, he has refused ad interim relief and instead of passing order on the application for interim relief, namely Company Application No.128/2010, he has tagged it along with the main appeal. This has seriously prejudiced the appellants and given rise to a question of law, viz. can an application for interim relief be postponed and tagged with the main matter, after it is fully heard and reserved for orders ?. 2. It is not necessary to enter into the larger controversy, much less decide any question of law, because all the parties have agreed that on the date that is scheduled before the Company Law Board, viz. 22nd March, 2011, the appellants can press their application for interim relief, viz. Company Application No.128/2010. 3. Accordingly, that application should be heard by the learned Member of the Company Law Board and he must pass orders thereon. He must do so before the main matter is taken up by him for hearing and final disposal. His order and direction dated 28th October, 2010 is set aside and the application for interim relief made by the appellants is separated and segregated from the main matter and directed to be disposed of as above. Needless to clarify that this Court has not expressed any opinion on the merits of the controversy and all contentions of parties, in that behalf, are kept open. The company appeal is disposed of. Since the Company Law Board is directed to dispose of the application for interim relief in the company petition, it should endeavour and dispose it of expeditiously. S. C. DHARMADHIKARI, J. ssm.