IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 736 OF 2006 IN SUIT NO. 708 OF 2006 Kundan Ramesh Gohil.... ...... ......Plaintiff. V/s Sachin N. Nissar.. ...... ....Defendant. Mr.P.M.Shah, Adv. For the plaintiff. Mr.Gor Kapil N. Adv. For the defendant. CORAM: A.P.DESHPANDE, J. 23/4/08 PC: This notice of motion has been taken out by the plaintiff seeking a relief in the nature of direction to the defendant to return the post dated cheques handed over by the plaintiff to the defendant. The plaintiff has instituted the suit contending that the defendant has committed breach of agreement dated 23.3.03 in as much as the embroidery machinery sold by defendant to the plaintiff was not according to the specifications. The machinery is sold pursuant to the agreement dated 23.3.03 and for revocation of agreement suit has been filed. The plaintiff has also made money claim for refund of certain sum of money. In the notice of motion the plaintiff has also 1 prayed that the defendant be directed to remove machinery and claimed compensation/retention charges. I am informed that some complaints are also filed by the defendant against the plaintiff under section 138 of the Negotiable Instruments Act. As the plaintiff has parted with the cheques in favour of the defendant under the agreement, the defendant cannot be compelled by issuing mandatory injunction to return the cheques to the plaintiff so that filing of further complaints can be avoided. The relief claimed in this notice of motion is misconceived and cannot be granted in the instant suit. In the result notice of motion stands dismissed. 23.4.08 2