The discretion to grant ad-interim relief is influenced by factors such as delay in approaching the court and the stage of the proceedings.

A. S. OKA, J.

( 1 ) BY this Appeal from Order the appellants-original plaintiffs have taken exception to the order dated January 19, 2005 passed by the Learned Judge of the City Civil court, Mumbai. By the order impugned, the learned Judge has declined to grant ad-interim relief in favour of the appellants. The learned judge by exercising power under Section 9-A of Code of Civil Procedure, 1908 has framed preliminary issue as to the jurisdiction of the city Civil Court on the basis of objection raised by the respondents.

( 2 ) THE appellant No. 1 is a trade Union duly registered under the Trade Unions Act, 1926. Appellant No. 2 is stated to be the secretary of the appellant No. 1. The respondent No. 1 was admittedly the working president of appellant No. 1-Union. According to the appellants, respondent No. 1 has been suspended from the post of working President. The challenge in the suit is to the notice dated january 5, 2005 issued by respondent No. 1 by which he is purported to convene a General body Meeting of appellant No. 1 on January 20, 2005 i. e. today. The challenge is also to ) respondent No. 2/defendant No. 2 acting as the Returning Officer. It appears that some of the members allegedly submitted a requisition under Clause 14- (B) (b) of Constitution of appellant No. 1 calling upon the President, the ; Working President and the General Secretary to convene a general body meeting and to hold the election of the office bearers and managing committee two days before the general body meeting. On the basis of said requisition the respondent No. 1 by notice dated January 5, 2005 has convened a general body meeting at 5. 00 p. m. today for transacting the business mentioned in the agenda incorporated in the said notice. The appellants filed present suit on january 17, 2005.

( 3 ) IN the said suit, a Notice of Motion was taken out praying for interim injunction restraining the respondents- Defendants from acting upon the notice dated January 5, 2005 and from holding general body meeting. A prayer was also made for temporary injunction restraining the respondent No. 2 from acting as a Returning Officer in the process of election. The parties were heard by the learned Trial judge on January 19, 2005 for considering the prayer of ad-interim relief in the said Notice of motion.

( 4 ) AT the time of hearing of the Notice of motion, the respondent No. 2 filed an affidavit. In the said affidavit he stated that he has declared the results of election on January 18, 2005 at 11. 00 a. m. and the results have been intimated to all the members and to the Office bearers of appellant No. 1-Union. It is stated in the affidavit that the results have been displayed on the notice board.

( 5 ) THE learned counsel for the appellants' submitted that respondent No. 1 has been suspended from the post of working President on January 14, 2005. Therefore, the meeting convened at his instance cannot be held. He further submitted that respondent No. 1 could not have convened an Annual General meeting on the basis of the requisition. He tried to distinguish between an annual general body meeting and a general body meeting and submitted that on the basis of requisition only a general body meeting can be convened and not an annual general body meeting. He submitted that the election can be held only in the annual general body meeting and therefore in a meeting convened by the respondent No. 1 on the basis of a requisition, an election cannot be held. He submitted that though the respondent No. 2 claims to have declared the results of the election, a formal declaration of the results will take place only in the meeting scheduled to be held today. Therefore, the declaration of results of election on January 18, 2005 is of no consequence. He submitted that in the requisition, a request was made to convene general body meeting only for holding election of office bearers and therefore meeting which is convened on the basis of requisition can transact