: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4550 OF 2006 IN SUIT NO.1520 OF 1995 Omega Ag-Seeds (I) Ltd. ....Plaintiff V/s. Punjab & Sind Bank ....Defendant Mr.S.U. Kamdar, Senior Counsel i/b M/s.Sreeji & Lal for the Plaintiff. Mr.Sujit Kurup i/b Legal Associates for the Defendant. CORAM : S.J. VAZIFDAR, J. DATED : 14TH JULY, 2008. P.C. : 1. The Plaintiff seeks to withdraw a sum of Rs.41,84,572/- deposited in this Court together with interest accrued thereon which aggregates to around over rupees one crore. 2. The relief sought, if granted would in fact decree the suit to the extent of the amounts sought to be withdrawn. 3. The bank sought to adjust the said amounts from the account of the Plaintiff towards the liabilities of the alleged sister concern. In the previous Notice of Motion, an ad-interim order was passed in favour of the Plaintiff permitting it to : 2 : withdraw the amount subject to furnishing the bank guarantee. That order was set-aside by the Appeal Court to the extent of withdrawal. Ultimately Notice of Motion No.1185 of 1995 was disposed of by a detailed order dated 2.8.1995. After considering the record in detail, the learned Judge came to the conclusion that the Plaintiff had not made out such a strong case as to entitle it to an order virtually decreeing the suit at the interlocutory stage. 4. The present Notice of Motion has been taken out for the same reliefs. Mr.Kamdar, the learned Senior Counsel appearing on behalf of the Plaintiff submitted that change of circumstance arises on account of a judgment of the D.R.T. which inter-alia rejects the Defendant’s right to the said adjustment. Further the prayer for adjustment has been rejected. 5. I am however informed that an appeal has been filed against the order of the D.R.T. Apart from that, it still requires to be considered as to whether the judgment of the D.R.T. would be binding on the ground of issue estoppel or otherwise on this Court in these proceedings. 6. I am therefore, not inclined to allow the prayer. In the circumstances, the Notice of Motion is : 3 : dismissed.