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 1153 OF 2006. NOTICE OF MOTION NO 1153 OF 2006. NOTICE OF MOTION NO 1153 OF 2006. IN IN IN SUIT NO.2573 OF 1985 SUIT NO.2573 OF 1985 SUIT NO.2573 OF 1985 Central Bank of India ...Plaintiff V/s. New Bombay Cloth Agency & Ors. ...Defendants. Mr.N.D.Yelkar for the plaintiff. Mr.Vicky Singh i/b.Thakarada & Madgarkar for the defendant CORAM : S.J. VAZIFDAR J. CORAM : S.J. VAZIFDAR J. CORAM : S.J. VAZIFDAR J. DATE : 16TH JULY, 2007. DATE : 16TH JULY, 2007. DATE : 16TH JULY, 2007. P.C. :- P.C. :- P.C. :- 1. By this Notice of Motion the defendant seek to restrain further evidence being recorded on the ground that the suit is barred under the provisions of Order II, Rule 2 of C.P.C. 2. The Notice of Motion appears to be nothing but an attempt at preventing the suit from proceeding to a hearing. The defendants are always at liberty to argue their contention at the final hearing of the suit. Notice of Motion is dismissed.