: 1 : 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.2313 OF 2008 NOTICE OF MOTION NO.2313 OF 2008 NOTICE OF MOTION NO.2313 OF 2008 IN IN IN SUMMARY SUIT NO.1948 OF 2002 SUMMARY SUIT NO.1948 OF 2002 SUMMARY SUIT NO.1948 OF 2002 ICICI Bank Ltd. .. Plaintiffs. Versus Sanghvi Steels Ltd. .. Defendants. Mr.Durgesh Khanapurkar i/b.M.K.Ambalal & Co. for plaintiffs. Mr.S.C.Naidu i/b.M/s.C.R.Naidu & Co. for defendants in support of notice of motion. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATE : 6th October, 2008. DATE : 6th October, 2008. DATE : 6th October, 2008. P.C. :- P.C. :- P.C. :- 1. Heard learned Advocates on both the sides. 2. This motion is taken out by the defendants so as to stay the proceedings of this suit till leave of the : 2 : court dealing with Company Petition No.318 of 1993 is obtained. This is sought to be done in accordance with the well settled law that if the suit is to be proceeded with, the leave of the Company Court is required to be obtained. 3. Hence, prayer clause (a) can be granted. In view of that, there is no question of considering grant of prayer clause (b). Motion is made absolute in terms of prayer clause (a). There shall be no order as to costs. 4. Learned Advocate Mr.Naidu upon instructions makes a statement that he will apply for seeking a leave of the Company Court within a fortnight from today. In view of this, suit stands adjourned to 24.11.2008. (R.Y. GANOO,J.) (R.Y. GANOO,J.) (R.Y. GANOO,J.)