1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1813 OF 2009 IN SUIT NO.3636 OF 1999 I.C.I.C.I Bank Limited .. Plaintiff versus The Official Lidquidator, High Court Bombay .. Defendant And Metropolitan Infrahousing Pvt.Ltd .. Respondent ... Mr.Virag Tulzapurkar, Sachin Chandarasan, Durgesh Khanapurkar and Swayam Chopda i/b M/s.Manilal Kher Ambalal & Co. for the plaintiff. CORAM : D.G. KARNIK, J DATED : 16th June 2009 P.C:- 1. Heard learned counsel for the plaintiff. None present for the respondent. 2. The applicant is the plaintiff in the suit. Defendant no.1 is a company under liquidation represented by the 2 Official Liquidator. Motion is directed against a third party. By this motion, plaintiff is seeking a direction against the respondent directing it to pay to the plaintiffs certain expenses incurred by it as a trustee under debenture trust deed. The alleged liability to the respondent under the Debenture Trust Deed is a separate matter not connected with the suit. Plaintiff therefore cannot get a relief against the respondent who is a third party in the present suit. Plaintiff is at liberty to take out appropriate legal proceedings against respondent for recovery of the money due if any, from it. 3. With this observation, motion is dismissed. (D.G. KARNIK, J)