1 ca 1618-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1618 OF 2010 IN APPEAL FROM ORDER NO. 1315 OF 2010 IN NOTICE OF MOTION TAKEN OUT IN S.C. SUIT NO. 2099 OF 2008 Mr.Varun s/o. Bijoy Sarda & Anr. ...Applicants vs. Gopaldas Sarda & Ors. ...Respondents Mr.A.M. Saraogi for the Applicants/Appellants. Mr.P.S. Dani with Mr.N.C. Parekh i/b. M/s.Mansukhlal Hiralal & Co. for the Respondents. CORAM : B.R. GAVAI, J. DATED : JANUARY 17, 2011 P.C :- 1 Heard the learned Counsel for the applicants on the question of grant of interim relief. 2 The appellant challenges Order dated 30th October, 2010 vide which the application filed by the defendants for directing the Commissioner to 2 ca 1618-2010 break open the lock of the premises i.e. B-315 and execute the commission work is allowed. 3 Undisputedly, the appellants are carrying out their business in Unit No.316. From the pleadings on record, it would clearly reveal that the defendants were carrying the business in Unit No.315. Though it is the contention of the present appellants that a small part of the said unit was also being used by the present appellants. 4 If the interim relief as prayed for is granted, the defendants will be deprived of continuing their business in Unit No.315, whereas the appellant would merrily continue business in Unit No.316. As such, no case is made out for grant of interim relief. 5 Civil Application is rejected. (B.R. GAVAI, J.)