1 nms.1858.09 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1858 OF 2009 IN SUIT NO.774 OF 2009 Rajesh Construction Co. Ltd. and another. ..Plaintiffs -Versus- Shantilal Vershi Haria. ..Defendant .......... S.U.Kamdar, Senior Counsel i/b Tamhane & Company, for the Plaintiffs. Simil Purohit a/w Azmin Irani and Manish Doshi i/b Vimadalal and Company, for the Defendant Nos.3 and 4. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 18th October, 2010. P.C. 1 This is a motion taken out in a suit to recover a sum of Rs. 77,87,25,000/- together with interest. 2 The motion is stated to be invoking the jurisdiction of this Court under Order-XXXVIII Rule-5 of the Civil Procedure Code namely attachment before judgment. 3 On perusal of the affidavit in support of this Notice of Motion, I am of the opinion that the ingredients of Order-XXXVIII Rule-5 are not satisfied and that the order which is to be passed only upon such satisfaction, cannot be passed in this case. Even at the ad-interim stage, the learned Single Judge has expressed identical opinion. 4 In such circumstances, the motion is devoid of any merit and is dismissed. Hearing of the suit is expedited. 2 nms.1858.09 5 It is stated that the Defendant in this suit is also Defendant in Suit No.1379/2009, even the Plaintiffs are common in both suits. In such circumstances, it is directed that both the suits should be tried together. At the request of Mr.Purohit, four weeks’ time is granted to file the Written Statement. (S.C. Dharmadhikari, J)