SPB IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 551 OF 2008 NOTICE OF MOTION NO. 551 OF 2008 NOTICE OF MOTION NO. 551 OF 2008 IN IN IN SUIT NO. 2429 OF 1997 SUIT NO. 2429 OF 1997 SUIT NO. 2429 OF 1997 Naina D. Kamani .. Plaintiff. v/s. M/s. Janson Engineering & Trading Pvt.Ltd., & Ors. .. Defendants. And Pushpa T.Kadambande .. Applicant. The Court Receiver High Court .. Respondent. --- Ms.Sheetal Kumar i/by M.M.Patel for the Plaintiff. Defendant No. 6 through his constituted attorney -in- person. Mr. K.L. Vyas, Court Receiver present. Ms. N.Dayaram i/by M/s. Lexim Associates for the Applicant and defendant No.7. --- CORAM : D.G.KARNIK,J. CORAM : D.G.KARNIK,J. CORAM : D.G.KARNIK,J. DATE : 16TH JUNE 2008 DATE : 16TH JUNE 2008 DATE : 16TH JUNE 2008 P.C. P.C. P.C.: 1. Learned Advocate for the applicant, who has taken out this notice of Motion, prays for an adjournment. 2. Learned counsel for the plaintiff seriously opposes the request of adjournment and submits that the - 2 - applicant is unnecessarily protracting the matter. The defendant No.6, who is appearing through his constituted attorney also objects for grant of adjournment. 3. The Court Receiver also objects to the grant of adjournment and submits that despite an order dated 30th April, 2008 passed in Appeal No.73 of 2008, by the Division Bench the applicant has failed to deposit further sum of Rs.5,00,000/- beyond the amount already deposited. He submits that the order of the Division Bench has not been complied with by the applicant. 4. In view of the objections, the request for adjournment is rejected. 5. Thereupon the Advocate for the applicant reports no instructions. No other advocate duly instructed by the applicant is present. Applicant is also absent. The Motion is dismissed for non prosecution. (D.G. KARNIK, J.) .....