1 NMS.2731.10-S.3850.95.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2731 OF 2010 IN SUIT NO. 3850 OF 1995 Ali Akbar Mehdiyan & Ors. ...Plaintiffs Vs. Mohamed Ali Khalooi & Ors. ...Defendants Mr.Borer Mehdiyan, Petitioner No.3 in person and representative of all Plaintiffs Mr. Sameer Mangaunkar i/b. Jyoti Charan for Defendants 3A to 3D Mr. Pravin S. i/b. Vivek Salunke for Defendants 1, 2(1) to 2(c), 4 & 5 CORAM : SMT. ROSHAN DALVI, J. DATED : 6 TH JUNE, 2011 P.C. : 1. This Notice of Motion has been taken out by the Defendants in April 2010. It is for permitting the Defendants to withdraw the amount of royalty deposited by the Plaintiffs to the extent of their 44% share therein. 2. The Notice of Motion is shown to have come up on board on 29/10/2010, 3/12/2010 and 6/5/2011. 3. Thereafter a praecipe of the Advocate for the Defendants (wrongly shown as Advocate for the Plaintiffs) dated 2nd May 2011 was filed showing that the Defendants desired to move for urgent reliefs because 2 NMS.2731.10-S.3850.95.sxw the Plaintiffs were likely to create 3rd party rights in the suit property. 4. This appears to be completely on false premise. No urgent relief of any nature is required to be passed because all that the Defendants have applied for is for withdrawal of the amount of royalty. 5. Even after filing the praecipe, when the Notice of Motion came to be on board on 6th May 2011, it has been adjourned beyond vacation at the request of the parties. The two Advocates representing the two sets of Defendants have no instructions and cannot tell the Court under what circumstances the Defendants desire to withdraw the amount of royalty. 6. Hence the Notice of Motion is dismissed. (SMT. ROSHAN DALVI, J.)