- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL No. 464 OF 2001 IN NOTICE OF MOTION No. 187 OF 2000 IN SUIT No. 4691 OF 1997 Lakhmichand K. Chhabria ... Appellant Vs. I.T.C. Ltd. & Ors. ... Respondents Mr. N. K. Mudnaney, Advocate for the appellant. None for the respondents. CORAM : Dr. S. RADHAKRISHNAN, J. AND ANOOP V. MOHTA, JJ. DATE : FEBRUARY 25, 2008. PC :- . Heard the learned Counsel for the appellant. None appears for the respondent. Mr. Mudnaney, learned Counsel for the appellant fairly pointed out that this appeal arises out of refusal to grant interlocutory relief in a Notice of Motion in a suit, being Suit No. 4691 of 1997. 2. Mr. Mudnaney, learned Counsel for the appellant pointed out that the very suit has been - 2 - dismissed in default a year back. This appeal arises out of Notice of Motion of said suit. As the suit itself has been dismissed, present appeal has become infructuous. Hence, we dismiss the appeal. However, in order to protect interest of the appellant / plaintiff, it is made clear that if the suit is restored to file, the appellant/ plaintiff is at liberty to file Notice of Motion, seeking the same relief as was done in Notice of Motion No. 187 of 2000. Sd/- [Dr. S. RADHAKRISHNAN, J.] Sd/- [ANOOP V. MOHTA, J.]