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 ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NOs.2332/06,1781/06,158/06 OF MOTION NOs.2332/06,1781/06,158/06 OF MOTION NOs.2332/06,1781/06,158/06 inin in SUIT SUIT SUIT NO.1495 NO.1495 NO.1495 OF 1989 OF 1989 OF 1989 National National National Bank Bank Bank for Agricultural and for Agricultural and for Agricultural and Rural Rural Rural Development Development Development ...... Plaintiffs Plaintiffs Plaintiffs vs vs vs M/s M/s M/s Shah Shah Shah Thakur & Sons & Anr .. Thakur & Sons & Anr .. Thakur & Sons & Anr .. Defendants Defendants Defendants Mr.J.J.Bhat, Mr.J.J.Bhat, Mr.J.J.Bhat, Sr.Ad a/w Mr.Pravin Diwan,Ms.Alpana Sr.Ad a/w Mr.Pravin Diwan,Ms.Alpana Sr.Ad a/w Mr.Pravin Diwan,Ms.Alpana Ghone Ghone Ghone i.b Kanga & Co for Plaintiff i.b Kanga & Co for Plaintiff i.b Kanga & Co for Plaintiff Mr.Hansaria,Sr.Ad Mr.Hansaria,Sr.Ad Mr.Hansaria,Sr.Ad a/w Mr.Dasgupta i.b Mr.Denzil a/w Mr.Dasgupta i.b Mr.Denzil a/w Mr.Dasgupta i.b Mr.Denzil D’Mello D’Mello D’Mello for Defendant no.1 for Defendant no.1 for Defendant no.1 CORAM CORAM CORAM : A.M.Khanwilkar, J : A.M.Khanwilkar, J : A.M.Khanwilkar, J DATED DATED DATED : : : 11th October, 2007 11th October, 2007 11th October, 2007 P.C. P.C. P.C. 1.1.1. Counsel for the defendant no.1 submits that Counsel for the defendant no.1 submits that Counsel for the defendant no.1 submits that proceedings proceedings proceedings in relatiion to Arbitration Award in relatiion to Arbitration Award in relatiion to Arbitration Award raising raising raising questions about liability to pay interest questions about liability to pay interest questions about liability to pay interest pendenlite pendenlite pendenlite is is is stated to be heard before the Supreme stated to be heard before the Supreme stated to be heard before the Supreme Court Court Court on 12th October, 2007. He submits that on 12th October, 2007. He submits that on 12th October, 2007. He submits that decision decision decision in that matter will have a bearing on the in that matter will have a bearing on the in that matter will have a bearing on the issues issues issues to be resolved in the present proceedings. to be resolved in the present proceedings. to be resolved in the present proceedings. In In In the circumstances, request for adjournment is the circumstances, request for adjournment is the circumstances, request for adjournment is made. made. made. There is no difficulty in acceeding to the There is no difficulty in acceeding to the There is no difficulty in acceeding to the request request request for adjournment. However, only today in for adjournment. However, only today in for adjournment. However, only today in cognate cognate cognate Notice of Motion No. 2643 of 2006 I have Notice of Motion No. 2643 of 2006 I have Notice of Motion No. 2643 of 2006 I have passed passed passed final orders. As a consequence of that final orders. As a consequence of that final orders. As a consequence of that order, order, order, the plaintiffs will be bound to facilitate the plaintiffs will be bound to facilitate the plaintiffs will be bound to facilitate discharge discharge discharge of bank guarantee given by defendant of bank guarantee given by defendant of bank guarantee given by defendant no.1. no.1. no.1. As the present adjournment is at the As the present adjournment is at the As the present adjournment is at the instance instance instance of defendant no.1 it is expected that of defendant no.1 it is expected that of defendant no.1 it is expected that status status status quo as of today be maintained between the quo as of today be maintained between the quo as of today be maintained between the parties parties parties till next date of hearing in these motions. till next date of hearing in these motions. till next date of hearing in these motions. S.O. S.O. S.O. to 25th October, 2007. to 25th October, 2007. to 25th October, 2007. 2 2.2.2. It will be open to the respondents in Notice of It will be open to the respondents in Notice of It will be open to the respondents in Notice of Motion Motion Motion No.158 No.158 No.158 of 2006 to file further affidavit and of 2006 to file further affidavit and of 2006 to file further affidavit and place place place on record additional documents as may be on record additional documents as may be on record additional documents as may be advised. advised. advised. The efficacy of those documents will be The efficacy of those documents will be The efficacy of those documents will be considered considered considered on the next date of hearing. on the next date of hearing. on the next date of hearing. ( A.M.Khanwilkar, J) A.M.Khanwilkar, J) A.M.Khanwilkar, J)