1 srk nm-3071-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3071 OF 2010 IN APPEAL (LODGING) NO.724 OF 2010 IN SUIT NO.1080 OF 2010 IVR Constructions Limited ... Appellant Versus Technocraft Industries India Ltd. and another ... Respondents Mr. E.P. Bharucha, Senior Advocate with Mr. Kalpesh Joshi for the appellant. Ms, Vaishali Chaudhari for respondent No.1. Ms, Usha Srivastav with Mr. Satish Raut i/by M/s. Consulta Juris for respondent No.2. CORAM : MOHIT S. SHAH, C.J. & S.J. VAZIFDAR, J. Tuesday, January 11, 2011 P .C. In this notice of motion, the appellant has prayed for two interim reliefs. Prayer (b) is to direct respondent No.2 to credit back the amount of Rs. 21,40,000/- so debited to the bank account of the appellant maintained with them the said amount having been debited to and collected by the respondent No.2 to honour encashment of the bank guarantees pursuant to the order of the learned trial Judge dated 24th August, 2010. The alternative prayer is to direct respondent No.1 to secure the amounts/value of mobilization Bank Guarantees aggregating to Rs.21,40,000/- either by depositing the same with respondent No.2 bank or by depositing the same in this Court. 2 srk nm-3071-10.sxw 2. Having heard the learned counsel for the parties, we find that prayer (b) is practically for restitution which cannot be granted at this stage. As far as prayer (c) is concerned, since the suit is still pending before the learned trial Judge, it is open to the appellant-plaintiff to amend the plaint and seek appropriate reliefs from the trial Judge. Notice of motion is accordingly, dismissed. CHIEF JUSTICE S.J. VAZIFDAR, J.