1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.38 OF 2010 In WRIT PETITION NO.1982 OF 2009 Bharat Petroleum Corporation Ltd. & Anr. : Petitioners V/s. State of Maharashtra & Ors. : Respondents .... Mr.F.D’vitre, Senior Advocate, with Mr.Vivek Menon, Mr.Amay Mahar and Mr.Rahul Kothari i/b. Hariani & Co., for the petitioners. Mr.G.W.Mattos, Asstt. Govt. Pleader for the State. Mr.K.K. Singhvi, Senior Advocate, with Ms G.S.Joglekar for B.M.C. Mr.G.S.Kulkarni with Mr.A.M. Sethana for respondent no.5. Mr.M.M. Vashi i/b. M.P.Vashi & Associates for respondent no.6. .... CORAM : J.N.PATEL, ACTING C.J. & B.R. GAVAI, J. DATE : FEBRUARY 08, 2010. P.C.: Affidavit-in-rejoinder tendered by the learned counsel for the petitioners is taken on record. 2. The petitioners have taken out this Notice of Motion seeking an interim order of injunction against the respondent no.6 restraining them 2 from carrying on or continuing with the work of development or construction of the building `Mamtadeep’ and for other ancillary reliefs. In the affidavit-in-reply which is filed on behalf of the respondent no.6, it is stated that the respondent no.6 will put up further construction only after getting commencement certificate from the respondent-Municipal Corporation. 3. This Court has already passed an interim order on 12.1.2010 that the construction will be subject to the orders passed in this Writ Petition and, therefore, there is no necessity of reconsidering the case for granting an injunction sought for by the petitioners in the Notice of Motion. The interim order passed on 12.1.2010 sufficiently protects the rights of the parties. 4. Notice of Motion stands dismissed. ACTING CHIEF JUSTICE B. R. GAVAI, J.