Asset Investment Services And 2 ORS v. Sukhvinder Jarnail Singh And ANR

- 1 - ( NMAL 2000 of 2015) vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) No. 574 OF 2015 WITH NOTICE OF MOTION (L) No. 2000 OF 2015 FROM NOTICE OF MOTION (L) No. 1339 OF 2015 IN SUIT (L) No. 465 OF 2015 M/s. Asset Investment Services ....Appellants (Org. Plaintiffs) Vs.

Mr.Sukhvinder Jarnail Singh ....Respondent *********** Mr.Atul Damle, Senior Counsel a/w. Mr.Hemant Ghadigaonkar for Appellants Mr.T. Antony Koshy for Respondent *********** CORAM : V. M. KANADE & B.P COLABAWALLA, J.J.

DATE : AUGUST 6, 2015 P.C. :

1.

Heard Shri Damle, learned senior counsel appearing on behalf of the Appellants and the learned counsel for the Respondent. 2.

The Appellants are challenging the order passed by the Learned Single Judge dated 15th July, 2015 whereby the Learned Single Judge was pleased to reject to grant ad-interim relief. 1/2

- 2 - ( NMAL 2000 of 2015) 3.

We have perused the impugned order. The Learned Single Judge has observed that the prima facie the Appellants had appeared before the Court by relying certain fabricated documents. 4.

In our view, since the Appellants have already approached before the Learned Single Judge by filing an application for ad-interim relief and the same was rejected, hence, at this stage, it will not be possible for this Court to grant any interim relief. Hence, we direct the Learned Single Judge to decide the Notice of Motion (L) No. 1339 of 2009 expeditiously. Respondent to file a reply within two weeks. Needless to mention here that the observations made by the Learned Single Judge while refusing to grant the ad-interim relief are obviously a prima facie view and the Learned Single Judge, shall not be influenced by the above observations while deciding the motion. Hence Appeal is disposed of. Notice of Motion (L) No. 2000 of 2015 also does not survive and is accordingly disposed of. [B.P COLABAWALLA, J.] [ V. M. KANADE, J.] Vaishali Tikam 2/2