1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1356 OF 2006 IN SUIT NO.1458 OF 1983 WITH CHAMBER SUMMONS NO.657 OF 1992 AND CHAMBER SUMMONS NO.1460 OF 2006 Shiv Indersen Mirchandani and Anr. .. Plaintiffs Versus S.T.Mirchandani & Ors. .. Defendants Mr.Zuben Behramkamdin i/b.Purohit & Purohit for defendant No.9 CORAM : S.C.DHARMADHIKARI, J. DATE : 31st March 2008 P.C. . The chamber summons has been dismissed in default and no steps have been taken to restore the same. I am informed that the plaintiffs have engaged another Advocate but none is present on 2 behalf of plaintiffs to clarify the above aspect. 2. Mr.Behramkamdin appearing for defendant No.9 informs the Court that the relief in the notice of motion has become infructuous insofar as the shares are concerned, there is an order in the suit appointing Court Receiver of the properties belonging to I.T.Mirchandani (HUF) including certain shares of J.B.Advani (Pvt) Ltd. and Advani Oerlikon. In such circumstances and when that order is still continuing that relief cannot be granted. Further, he points out that second relief restraining appointment of another Director has also been rendered infructuous because the appointment has already been made. 3. None are present to controvert this position. In my view, notice of motion is rendered infructuous and deserves to be dismissed as such. Notice of motion is, therefore, dismissed as infructuous. 3 (S.C.Dharmadhikari, J)