1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Amk NOTICE OF MOTION NO. 3704 OF 2007 IN SUIT NO. 1327 OF 2004 M/s. Shivkumar Vijaykumar Mawawalla .. Plaintiff Vs. M/s. Panjabi Ghasitaram Halwai Karachiwala & Ors. .. Defendants Mr. Rakesh Dave i/b N. N. Vaishnawa & Co. for the Plaintiff. CORAM : MRS. ROSHAN DALVI, J. DATE : 9th June, 2010. P.C. 1. This Notice of Motion is directed against Defendant No.5. The Notice of Motion is taken out under Order 38 Rule 5 of the Code of Civil Procedure. It is the case of the Plaintiff that, Defendant No.5 would dispose of the properties mentioned in prayer clause (b) of the Notice of Motion. 2. Status-quo order was passed at the ad interim stage. A statement was made on behalf of Defendant No.5 on 17.10.2007 that Defendant No.5 shall maintain status- quo with regard to immovable property shown in prayer clause (b) (i) and Bank Account shown in prayer clause 2 (b) (ii). Thereafter Advocate for Defendant No.5 has been discharged. Defendant No.5 has not appeared. Defendant No.5 shall not dispose of part with possession, transfer, encumber or create any third party right in respect of the property shown in prayer clause (b) (i) of the Notice of Motion. Defendant No.5 shall not withdraw any amount from the amount mentioned in prayer clause (b) (ii) of the Notice of Motion. 3. The Notice of Motion is disposed of accordingly. (ROSHAN DALVI, J.)