1 nms2781-09.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.2781 of 2009 in Suit No. 1044 of 1992 State Bank of Hyderabad .. Plaintiffs v/s. Lkay International & Ors. ..Defendants Ms. Munim i/b. Kusumakar Kaushik for the Plaintiffs. Mr.Avinash Singh Gautam i/b. M/s Dhruva & Co. for the plaintiffs Mr.P.V.Dhopatkar for the Defendant No.3 in support of the Notice of Motion. CORAM : R.Y.GANOO, J. DATED : 11th August , 2010 P.C. : 1. Mr. Avinash Singh i/b. M/s. Dhruva & Company have no objection for Mrs. Munim appearing for the plaintiff. Accordingly, Mrs. Munim is heard on behalf of Kusumakar Kaushik for the plaintiffs. 2. This motion is taken out by the defendant no.3 praying that the order dated 15.6.2009 passed by this Court in the aforesaid suit be set aside. 2 nms2781-09.sxw 3. I have heard learned Counsel on both sides. By order dated 21.4.2007 passed in Appeal No.1122 of 1999 this suit was restored to the file of this Court for decision in accordance with the provisions of law. Subsequent to that, by order dated 6.3.2009, the Debt Recovery Tribunal was directed to transfer the proceeding lying with them to this Court. Thereafter, by order dated 15.6.2009 the learned Judge has passed an order that nothing survives in the suit itself as it is already disposed of and suit be treated as disposed of accordingly. 4. The defendant no.3 wants that this Order be set aside. Such a request cannot be granted in this motion. If defendant no.3 is aggrieved by this order, it will be open for the defendant no.3 to challenge it by filing appropriate proceedings. Hence the following order is passed. ORDER i) Motion is dismissed with liberty to the defendant no.3 to challenge this order by filing appropriate proceeding. There shall be no order as to costs. [R.Y.GANOO, J.]