1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.638 OF 2008 IN SUIT NO.457 OF 2008 M/s.Phoenix Contracts and Services (P) Ltd. ...Plaintiff. Vs. M/s.Sarju International Ltd.& Ors. ...Defendants. .... Ms.Anjali P. Purav for the Plaintiff. Mr.I. J. Nankani i/b. M/s.Nankani & Asso. for the Defendants. ..... CORAM :DR.D.Y.CHANDRACHUD, J. February 26, 2008. P.C.: On 8th June 2007, the Plaintiff was appointed as a Contractor for the construction of a building. The contract is terminated by a notice of termination dated 18th July 2007, followed by a communication dated 27th July 2007. A fresh Contractor was appointed. The work of construction has substantially progressed and the Court has been informed that six storeys have already been constructed. The suit has been instituted for the recovery of the price of work allegedly done. The relief that has been sought in the Notice 2 of Motion is for an injunction, restraining Defendant Nos.1 to 5 from carrying on the work of construction. Such relief cannot be granted, particularly at an interlocutory stage. The Plaintiff has a money claim which would have to be adjudicated upon at the trial of the suit on the basis of the evidence adduced. There is no merit in the Motion. The Notice of Motion is accordingly dismissed. ......