1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3955 OF 2009 IN SUIT NO. 2136 OF 2009 Kiran Goel. ... Plaintiff. V/s. Saba Khan. ... Defendant. Mr. Sanjay Jain a/w. Darshan Mehta i/b. Dhruve Liladhar & Co. for the Plaintiff. Mr. Zal Andhyarujina i/b. Juris Matrix for the Defendant. CORAM : S.C. DHARMADHIKARI,J. DATED : 2nd DECEMBER 2009. P.C. :- In the Notice of Motion Mr. Jain states that ad-interim relief in terms of prayer clauses (a) and (b) be granted and that would protect the right of the Plaintiff. 2. However, Mr. Ahdhyarujina invites my attention to the affidavit of one Saba Khan and more particularly, paragraph 3 thereof. 3. In paragraph 3 the Deponent states that he does not have any share of M/s. Bajrang Alloys Ltd. in a Demat Account nor does he hold the same in any other manner. 4. Mr. Jain submits that the statement annexed to this affidavit (Exhibit A) is a holding report and the Plaintiff is not 2 satisfied with the genuineness of the contents thereof. Therefore, he would seek inspection of the relevant documents. 5. In my view, it would be open for the Plaintiff to seek the reliefs in terms of the Notice of Motion at the final hearing of the same. For the present, I will have to go by the position as disclosed in paragraph 3 of this Affidavit. However, despite the affidavit being taken on record and the statement in paragraph 3 referred to, the same will not preclude the Plaintiff from seeking interim relief in the Suit. All rights and contentions of both sides in that behalf are kept open. 6. At this stage, Mr. Jain submits that in the light of the statements made on the affidavit, he has instructions from the Plaintiff to state that the Motion itself be disposed off with liberty being reserved to the Plaintiff to apply for such interim reliefs as are permissible in law after she takes the necessary steps. 7. To my mind, this suggestion is fair and the Notice of Motion itself is disposed off in the light of the statement made in the affidavit of Saba Khan but liberty being reserved to the Plaintiff to apply for interim relief in future. (S.C. DHARMADHIKARI,J.)