Vidyut C.Shah And 12 ORS. v. M/S. Standard Materials Agencies And 9 ORS.

nma1579 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1579 OF 2016 IN APPEAL NO.127 OF 2016 Vidyut C. Shah & Ors.

...Applicant vs.

Standard Material Agencies & Ors.

...Respondents

Dr.V.Tulzapurkar, Senior Counsel a/w Mr.V. Mannadiar i/b Mannadiar & Co. for the applicant Mr.Rohan Cama a/w Mr.G.C.Mohanty i/b Mohanty & Co. for the respondent Nos.1 and 3 to 10.

CORAM : A.S.OKA, & A.A.SAYED,JJ.

DATE : JUNE 24, 2016 P.C.:

Heard the learned counsel for the applicants who are the appellants and the learned counsel for the respondent Nos.1,3 to 10. The learned counsel for the respondent Nos.1,3 to 10 seeks time on the ground that the said respondents have taken out a Notice of Motion for modification of the order dated 14th September 2005 passed by the Division Bench of this Court in an earlier appeal.

The present appeal has been admitted for final hearing and there is already an ad-interim stay granted of the direction issued against the appellants to return the original documents. The said ad-interim relief deserves to be continued as

nma1579 interim relief. Based on the order which may be passed in the Notice of Motion taken out by the concerned respondents for modification of the order dated 14th September 2005, the said respondents can always move this Court for necessary modification of the interim order subject to objections raised by the appellants.

Hence, we dispose of this Notice of Motion by directing that the operation of the impugned order to the extent of directing the applicants/appellants to return the original documents will remain stayed till the final disposal of the appeal. Notice of Motion is disposed of.

(A.A.SAYED,J.) (A.S.OKA,J.)