IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO. 323 OF 2008 NO. 323 OF 2008 NO. 323 OF 2008 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO. 891 OF 2006 OF MOTION NO. 891 OF 2006 OF MOTION NO. 891 OF 2006 IN IN IN SUIT SUIT SUIT NO. 452 OF 1983 NO. 452 OF 1983 NO. 452 OF 1983 Narendra M. Mehta ] .. Appellant (Org.Defendant) Versus Corporate Bank ] .. Respondent (Org.Plaintiff) Mr. H.S.S. Murthy i/b Mr. N.M.Shah for the appellant. Mr. D.G. Dhanure i/b M/s. M.V. Kini & Co. for the respondents. CORAM: S.B. MHASE & R.V. MORE, JJ. DATED: 20TH AUGUST, 2008 P.C. : 1. Heard learned counsel for the appellant. 2. As against the amounts due, the Fixed Deposits have been adjusted. The grievance of the learned counsel for the appellant is that it is a separate contract and the Bank cannot do it. In a Bank suit, such a Motion cannot be taken out unless there is a counter claim to that effect. Otherwise, it is a subject matter of the suit. The Notice of Motion has : 2 : been rightly disposed of by the learned single Judge. 3. No interference is called for. Appeal stands rejected. Sd/- Sd/- [R.V. [R.V. [R.V. MORE, J.] MORE, J.] MORE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]