1 nms3225.06.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3225 OF 2006 IN SUIT NO. 2702 OF 2006 M/s. Samir Developers ....Plaintiff. Vs. Smt. Ramila Dineshkumar Bhatt & Ors. ....Defendants. Mr. Sharad Wakchoure i/by M/s. Kishore Thakordas & Co. for the Plaintiff. None for the Defendants. CORAM : ANOOP V. MOHTA, J. DATE : 9th FEBRUARY, 2011 P.C.: The Plaintiff, in a suit for recovery of the amount based upon the terminated agreement, a motion has been taken out for seeking interim reliefs, appointment of receiver against Defendant Nos. 2 and 3, and also prayed for interim injunction, not to create any third party rights or interest in the property described in Exhibit “A” to the plaint and restraining order from constructing additional storeys on the existing building. The Motion is dated 18th September, 2006. There is no ad-interim relief in operation, in favour of the Plaintiff since then. By an order dated 27th September, 2006, the amount of Rs. 3 lacs, 2 nms3225.06.sxw ssm which was lying in the Contempt Petition No. 13 of 2004, has been transferred to the suit and still lying in the suit. As ordered, the amount shall be given on the decision of the suit. 2 In view of this, in my view, there is nothing survive in this motion, as an additional material and/or prima facie case needs to be made out by the Plaintiff and ad-interim reliefs in so far as the prayer clause (a) and (b) is concerned which in the present case, has not brought and therefore unable to seek any ad-interim relief till this date. Therefore, there is no point in keeping this motion pending. However, liberty is granted to the Plaintiff to apply afresh with update material on record for ad-interim reliefs. 3 In view of this the motion is accordingly disposed of with no order as to costs. (ANOOP V. MOHTA, J.)