1 kbp IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Notice of Motion No.3247 of 2006 in Suit No.2423 of 2006 M.D.Enterprises ..Plaintiff Vs. Kum Kum Kavita C.H.S. Ltd. and anr. ..Defendants. ........ Mr.Rajiv Narula i/b. M/s.Jhangiani, Narula & Associates, for plaintiff. Mr.R.S.Ghadge, for defendant. ......... CORAM: R.S.MOHITE, J. DATE : July 3rd, 2009. P.C. 1] This Notice of Motion is taken by original plaintiff for three reliefs. First two reliefs seek invoking of bank guarantee and restraining the Defendant No.2 from making payment of Rs.30 lacs to Defendant No.1. It appears that though the ad-interim relief in this regard was granted it came to be vacated. Thereafter, appeal was filed and vacation of relief was confirmed. Admittedly, therefore there is no ad-interim order operating as on today. In the meanwhile, Defendant No.1 has encashed the bank guarantee and received Rs.30 lacs. The Advocate for Defendant No.1 makes a statement that since the amount was not required for day to day running, the same has been invested in a nationalised bank. He states that said fixed deposit will be continued till the disposal of the Suit. The 2 statement of Advocate for Defendant No.1 is accepted. Advocate for plaintiff states that in view of the above statement he does not press the Notice of Motion. 2] Notice of Motion is, accordingly, disposed of. (R.S.MOHITE, J.)