1 35.nm-939-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 939 OF 2010 IN SUIT NO. 532 OF 2006. Nayana M. Kothari. ..Plaintiff. vs. M/s. Yashodhan Development Corporation & Ors. ..Defendants. .... Mr. Noel Pinto, i/b. M.P. Vashi, for Plaintiff. Mr. M.P. Vora, for Defendant No.1. Mr. V.T. Lulia, for Defendant No.2. Mr. Nitin Mulye, for Defendant No.3. .... CORAM : S.J. KATHAWALLA, J. DATE : 11TH APRIL 2011. P.C. : The above Notice of Motion is taken out by the Plaintiff seeking appointment of Court Receiver in respect of the Suit property. The Plaintiff has also expressed his willingness to deposit the balance consideration of Rs.2,50,000/- in Court. The Defendant Nos. 1 and 2 have vehemently opposed the Notice of Motion on the ground that the earlier Notice of Motion No. 711 of 2006 was disposed of by a detailed order of this Court [Coram : R.Y. Ganoo, J.] dated 17th February 2009, wherein it was inter alia held that the Plaintiff has failed to make out any prima-facie case and therefore the question of appointment of Court Receiver and or injunction would not arise. 2. The Defendant Nos. 1 and 2 are correct in their 2 35.nm-939-10 submission. The Plaintiff has taken out the above Notice of Motion once again seeking the same relief which was earlier rejected. There are no changed circumstances pointed out by the Plaintiff to enable the Plaintiff to take out a fresh Notice of Motion seeking the same reliefs. The Notice of Motion therefore deserves to be dismissed. However, the learned Advocate appearing for the Plaintiffs now states that he shall not press the Notice of Motion. 3. The Notice of Motion is therefore disposed of as not pressed. However, the hearing of the Suit is expedited. The Written Statement of the Defendant No.2 is by consent of the parties taken on record. The Defendant No.3 who is supporting the Plaintiff may file his Written Statement within one week from today. Place the Suit for framing of issues on 19th April 2011 high on board. [ S.J. KATHAWALLA, J. ]