1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1653 OF 2009 IN SUIT NO.627 OF 2007 Shashikant D. Chandarana & Anr. ....Plaintiffs. V/s Abhay S. Chandarana ..... Defendant. Mr. Chirag Shah with Mr. S.R. Rawal for Plaintiffs. None for Defendant. CORAM: V. M. KANADE, J. DATE : 5TH JANUARY, 2010 P.C.:- 1. Heard the learned Counsel for Plaintiffs. None appears on behalf of Defendant. 2. This Notice of Motion has been taken out by Defendant seeking following reliefs. “a) This Court may be please to direct the Plaintiffs to issue fresh Cheques or to revalid the Cheques which have 2 become invalid during the injunction period i.e from 16.03.2007 to 15.11.2008 granted by Hon’ble Justice A.M. Khanwilkar in Notice of Motion No.881 of 2007 in the same suit of this Hon’ble Court on 16.3.2007. b) For costs” 3. Plaintiffs have filed filed a suit for declaration that cheques at Exhibit-C are null and void and for further orders of impounding the said cheques and also for further declaration that Defendant, his representative have no right, title or interest in the property situated at 15 Balasinor Society, S.V. Road, Kandivali (West), Mumbai – 400092 and also for a decree directing Defendants to pay Rs 40 lakhs with interest @ 12% per annum. 4. Notice of Motion taken out by Plaintiffs is already disposed of on 27/11/2009. Defendant has not filed any counter-claim. In this view of the matter, Defendant is not entitled to seek relief as claimed by him in this Notice of Motion. Notice of Motion is, therefore, dismissed. (V.M. KANADE, J.)