1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. APPEAL (L) NO. 1283 OF 2005 IN NOTICE OF MOTION NO.3769 OF 2005 IN APPEAL (L) NO.1283 OF 2005 IN NOTICE OF MOTION NO.2803 OF 2004 IN SUIT NO.2648 OF 1995 Smt.Suparna Tapan Das .. Appellant v/s. Shri Alok Ajit Pal & ors. .. Respondents Mr.Pankaj Kavli i/by Mr.U.M.Jhaveri for the appellant. Ms.Susan Abraham i/by Mr.Prakash Mahadik for the respondents. CORAM : R.M.LODHA AND ANOOP V. MOHTA, JJ. DATED : 9th January, 2006 P.C. By a separate order, we have condoned the delay in filing the appeal today. By consent of the learned counsel for the parties we have taken up the appeal for admission today itself though it is on lodging number. 2. It is not in dispute that Oxford Co-operative Housing Society is not a party in the suit. The suit is in respect of the administration of estate and properties of the plaintiff’s late father Ajit Baran Pal. Though the society is not party in the suit, the notice of motion was taken out by the plaintiff asking the society to deposit a sum of Rs.10,00,000/- (Rupees Ten lakhs) together with interest. Not only that such application is 2 misconceived, but also the application is an abuse of process of the court. Rejection of the said application with costs by the learned motion Judge cannot be faulted. 3. Appeal is dismissed in limine. (R.M. (R.M. (R.M. LODHA, J.) LODHA, J.) LODHA, J.) (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)