-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2124 OF 2008 IN SUIT NO. 3430 OF 1995 Omega AG-seeds (India) Ltd. ..Plaintiff. Versus Punjab & Sind Bank. ..Defendant. And Central Bureau of Investigation. ..Respondent. Mr. Nitin Parekh for plaintiff. Mr. S. R. Rajguru a/w Mr. M.R. Prajapati for the respondent – CBI. Coram : R. V. MORE, J. Date : March 11, 2010. P. C. : 1. Heard learned counsel for the respective parties. The plaintiff has taken out the present notice of motion for direction to the CBI to trace the missing file in their office regarding the plaintiff’s letter dated 9th January 1993. 2. The respondent-CBI has filed an affidavit of one Mr. Balchandra Moreshwar Chonkar, police inspector dated 2nd March 2010. In paragraph 28 of the said affidavit, a statement is made that the file in respect of the said letter of the plaintiff dated 9th January 1993 was traced out and the said letter is available on record of the CBI. In view of this statement nothing survives in the prayer clause (a) of the notice of motion. Prayer clause (b) is already granted on 27th September 2009 by this Court thereby clubbing together the present suit and Suit No. 1520 of 1995. In the above circumstances, nothing survives for consideration in the notice of motion. It is accordingly disposed of. (R.V. MORE, J.) -: 2 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 3430 OF 1995 Omega AG-seeds (India) Ltd. ..Plaintiff. Versus Punjab & Sind Bank. ..Defendant. Mr. Nitin Parekh for plaintiff. Coram : R. V. MORE, J. Date : March 11, 2010. P. C. : 1. Office is directed to place the above suit alongwith Suit No. 1520 of 1995 on board on 6th April 2010 under the caption “settlement of issues”. (R.V. MORE, J.)