FARAD CONTINUATION SHEET. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3560 OF 2007 IN SUIT NO. 2622 OF 2007 ------------------------------------------------------- Office Notes : Court’s / Judges Office Memoranda : Order. of Coram, apperances : Court’s and Judges : Orders or directions : and Registrars’Orders : -------------------------------------------------------- Mr. Cyrus Ardeshir i/b. Rustamji & Ginwala for the Plaintiffs. M. Snehal Shah alongwith Mahek Bookwala i/b. Pardiwala & Co. for the defendant No.1. None for defendant No. 2 & 3. CORAM CORAM CORAM : A.A.Sayed, J. : A.A.Sayed, J. : A.A.Sayed, J. DATE DATE DATE : July 28, 2008. : July 28, 2008. : July 28, 2008. P.C. 1. This notice of motion has been taken out by the plaintiff for the following prayers :- "(a) that pending the hearing and final disposal of the suit Defendant NO.1 by himself, his servant and/or agent be restrained by an order or direction of this Hon’ble Court from initiating any proceeding against the Plaintiff in relation to the said undated cheque in the sum of Rs. 5,00,000/-. (b) that pending the hearing and final disposal of the suit and upon deposit of the said cheque in this Hon’ble Court, the Plaintiff be discharged from all liabilities to any or all of the Defendants;" 2. The suit is filed by the plaintiff, who is a Solicitor, as an interpleader suit. 3. I am informed that the sum of Rs. 5 lac has been deposited by the Plaintiff in this Court in pursuance of the order dated 15.10.2007. The Prothonotary and Senior Master to invest this amount in a term deposit of a Nationalised Bank initially for a period of three years. Needles to say that the deposit is without prejudice to the rights and contentions of the parties. Except for the directions given above looking to the nature of reliefs sought, no order in the notice of motion can be granted at this stage. Liberty to file fresh notice of motion, if the need so arises. 4. The learned Counsel for the Plaintiff states that the plaintiff has proceeded on the basis of the denial of the statements in the affidavit-in-reply. However, no affidavit on reply is found on record. 5. Notice of motion stands disposed of. [A.A.Sayed,J.] [A.A.Sayed,J.] [A.A.Sayed,J.]