1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2303 OF 2007 IN SUIT NO.1702 OF 2007 Rony Joseph Peters ....Plaintiff V/s. Technofluid System Pvt. Ltd. & Ors. ....Defendants Mr.R.S. Mishra for the Plaintiff. Mr.Mohan N. Dhamal for Defendant Nos.1 to 3. CORAM : S.J. VAZIFDAR, J. DATE : 14TH SEPTEMBER, 2009. P.C. :- 1. This Notice of Motion is not maintainable. The suit is filed to recover the arrears of the remuneration to be paid to the Plaintiff as the Director of Defendant No.1 and to challenge the termination of his Directorship. The Plaintiff has also sought reliefs for return of various machineries. 2. As far as the relief of return of the machineries is concerned, it is pertinent to note that even according to the Plaintiff, the same does not belong to him. According to him, it belongs to Defendant Nos.4 to 8 and was only entrusted to the Plaintiff as a Director of and on behalf of Defendant No.1. 3. Prima-facie therefore, the Plaintiff has no cause of action in respect of the machineries. It is for Defendant Nos.4 to 8 to adopt 2 appropriate proceedings in respect thereof. The Notice of Motion seeking interim reliefs in respect of the said machineries, is therefore, not maintainable. If Defendant No.1 has illegally retained the same, it does so at its risks. 4. The Notice of Motion is accordingly disposed of.