ANG AUTO LTD Vs. MUNAF B BALA

JUDGEMENT

(1.) RULE. So far as Civil Application No. 7362/2010 is concerned, Shri Parth Bhatt, learned advocate appearing for Shri Sanjay Mehta, learned advocate waives service of notice of rule on behalf of the opponent-original defendant.

(2.) Heard the learned advocates appearing on behalf of the respective parties on interim relief.

(3.) Having heard the learned advocates appearing on behalf of the respective parties on interim relief and considering the fact that the Appeal from Order against the order passed by the learned trial Court below Notice of Motion is admitted and considering the nature of controversy between the parties, it appears that if the interim relief in terms of paragraph 4(B) in Civil Application No. 7362/2010 is not granted, Appeal from Order would become infructuous and if ultimately any decree is passed, it will not be possible for the applicant-original plaintiff to recover the amount from the opponent-original defendant. Hence, interim relief in terms of paragraph 4(B) in Civil Application No. 7362/2010 is granted and there shall be interim relief in Civil Application No. 7362/2010 till final disposal of Appeal from Order No. 107/2010.