:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 1718 OF 2007 OF MOTION NO. 1718 OF 2007 OF MOTION NO. 1718 OF 2007 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO. 2867 OF 2005 OF MOTION NO. 2867 OF 2005 OF MOTION NO. 2867 OF 2005 IN IN IN SUIT SUIT SUIT NO. 2206 OF 1997 NO. 2206 OF 1997 NO. 2206 OF 1997 Shailesh H. Bajaj & Ors. ...Plaintiffs. V/s. Kotak Mahindra Bank Ltd. & Ors. ... Defendants. Mr. Zal Andhyarujina i/b. Goenka Law Associates for the Plaintiffs. Mr. M.S. Doctor i/b. Wadia Ghandy & Co. for Defendant No.1. Mr. Sandeep Sharma i/b. S. Satpute & Co. for Defendant No.2. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 20TH 20TH 20TH NOVEMBER 2008. NOVEMBER 2008. NOVEMBER 2008. P.C. P.C. P.C. : : : . Heard Mr. Andhyarujina, appearing for the Plaintiff in support of the Motion and Mr. M.S. Doctor appearing for Defendant No.1. 2. Perused the Notice of Motion and the affidavits filed in support and reply. Admittedly, the shares which have been deposited in this Court have been withdrawn by the Plaintiffs pursuant to the liberty granted by this Court. Now, the Plaintiffs claim the Dividends on these shares as also the shares which have been sold. This amount is claimed together with interest. Having perused :2: the motion and the plaint averments so also the final reliefs claimed by the Plaintiffs, it is apparent to me that prayer clause (a) of the Notice of Motion cannot be granted. That would be amounting to passing a decree in the Suit at this stage itself. This Court is yet to accept the case of the Plaintiffs. The evidence is yet to be led by them to prove their case. Merely because some interlocutory arrangements have been made does not mean that further reliefs can be granted at this stage. The Notice of Motion is thus misconceived and is accordingly dismissed. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)