1 1321.11-ao IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. APPEAL FROM ORDER NO. 1321 OF 2011 M/s.Industrial Plants & Waste Treatment. ... Appellant. V/s. Mr.Nishikant Devrao Padhye and others. ... Respondents. Vineet Naik with Ms.Trupti Shetty and Lalan Gupta i/b. Dhruve Liladhar and Co. for the appellant. CORAM: R.M.BORDE, J. DATED : 9th December 2011. P.C. : This appeal from order can be disposed of by clarifying the legal position. The trial Court may proceed to decide the preliminary objection raised by the defendant by taking recourse to section 9A of Code of Civil Procedure, 1908 (C.P.C.). However, the Court is not precluded from considering the application for grant of ad-interim relief under section 9A(2) of C.P.C. In view of this clarification, it would be open to the trial Court to consider the application Exh.5 under section 9A(2) of C.P.C. 2. Appeal from order stands disposed of. In view of disposal of appeal from order, pending civil application does not survive and stands disposed of. (R.M.BORDE, J.)