JUDGMENT

S C Gupte, J. - This appeal from order challenges an order passed by the Bombay Civil Civil Court at its Borivali Division in Dindoshi, Mumbai. The impugned order has been passed on a notice of motion taken out by the Appellant (original plaintiff) seeking a temporary restraint against Respondent No.1 (original defendant no.1) from creating third party rights in respect of assets or shareholding of defendant no.1. By the impugned order, the plaintiff''s notice of motion was dismissed by the trial court.

2. The plaintiff is an authority constituted under the provisions of Airports Authority of India Act, 1994 ("Act"). Whereas defendant no.1 is a company engaged in the business of hospitality, owning or operating various hotel properties in India, the other defendants are its shareholders and promoters. The plaintiff owns two pieces of land situate near Mumbai International Airport. These, respectively, admeasure 18000 sq. meters and 11000 sq. meters, and are adjacent to each other. By two separate lease deeds, the land admeasuring 18000 sq. meters was leased out by the plaintiff to defendant no.1 for the purpose of constructing a hotel. Defendant No.1 has, accordingly, const