1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1231 OF 2010 IN WRIT PETITION NO. 3794 OF 2009 C Mohan : Applicant. Versus Kokan Railway Corporation Ltd. and ors. : Respondents. Mr.Ramesh Ramamurthy for the applicant. Mr. Ajay Khaire i/by M/s. Law Point for the Respondents. CORAM : A. M. KHANWILKAR, R. M. SAVANT, JJ. DATED : 07th May 2010 P.C. : 1 By this application it is prayed that the ex-parte interim relief granted by this Court on 22th April 2009 be vacated. The application was filed on 21st April 2010. It is not in dispute that the present application was duly served on the advocate for the Respondents (original Petitioners) before filing the same. 2 The application was moved for circulation on 22nd April 2010. The Court ordered that circulation be granted on 26th April 2010 subject to numbering. The application however was listed thereafter only on 4th May 2010. On that day, the counsel for the Respondents failed to appear before the Court, for which reason the hearing was deferred till 6th May 2010. The application has accordingly been placed before us today. 2 3 Considering the mandate of Article 226(3) of the Constitution of India, as no order has been passed on this application within the time specified therein, the ex-parte interim relief which was granted in favour of the writ petitioners on 22nd April 2009 is automatically vacated on 4th May 2010 without doing anything further. The effect of this order is to restate the legal position that the interim relief operating in favour of the Respondents (original Petitioners) has come to an end on 4th May 2010. 4 In the circumstances, this application has become infructuous and is disposed of accordingly. 5 The Applicant if so advised may take recourse to such other remedy as may be permissible in law. (R.M.SAVANT, J.) (A. M. KHANWILKAR, J.)