nms286-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.286 OF 2011 IN SUMMARY SUIT NO.170 OF 2011 Thodur Law Associates ....Plaintiff V/s. Ashit S. Bhansali & Ors. ....Defendants Mr.Indrajit V. Suryavansi with Ms.Madhuri Sakpal for the Plaintiff. Ms.Shilpa Kapil with Mr.R.R. Gade i/b M/s.R.R. Gade & Associates for Defendant Nos.1 to 3. CORAM : S.J. VAZIFDAR, J. DATE : 28TH JUNE, 2011. P.C. :- 1. It is not necessary to consider the merits of the matter. Suffice it to state that the requirements of order 38 rule 5 of the Code of Civil Procedure have not been satisfied. Merely because the defendants are facing recovery proceedings, it does not lead to the conclusion that they intend disposing of the property with a view to defeat a decree which may be passed. The plaintiff is always at liberty to take out a fresh application in the event of any such intimation being obtained. 2. The notice of motion is therefore dismissed.