IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 757 OF 2007 IN SUIT NO. 3156 OF 2005 Yusuf Ibrahim Bagasrawalla..... ...... ......Plaintiff. V/s Deodhar Pandey...... ...... ......Defendant. Mr.Rafiq Peermohideen i/by M/s.Pravin Mehta & Mithi & Co., Adv. For the plaintiff. Mr.J.S.Kini i/by Kinjal Haria, Adv. For the defendant. CORAM: A.P.DESHPANDE, J. 21/4/08 PC: This notice of motion is taken out by the plaintiff seeking direction against defendant to deposit money claim. The motion is pressed in service by contending that in a complaint filed under section 138 the defendant herein categorically admitted the claim made in the present suit in his evidence. Copy of the deposition of defendant recorded by the Magistrate in the complaint has not been placed on record. Learned counsel for defendant vehemently disputes to have admitted the claim in the present suit. As the suit is itself for recovery of amount no direction can be issued against the defendant to deposit the amount pending decision of the suit in the absence of any clear admission of the liability. In th result there being no merit in the application Motion is dismissed. 21.4.08