1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.841 OF 2008 IN SUIT NO.457 OF 2008 Phoenix Contracts & Services (P) Ltd. ..Plaintiff. Vs. M/s. Sarju International Ltd. ..Defendant. .... Ms. Anjali P. Purav for the Plaintiff. Mr. I.J. Nankani i/b M/s. Nankani & Associates for Defendants 1 to 3. .... CORAM: DR. D.Y. CHANDRACHUD, J. 12th March, 2008. P.C. : In a previous Notice of Motion taken out by the Plaintiff (Notice of Motion 638 of 2008) in which the Plaintiff had sought a stay of the construction, this Court had while noting the facts of the case observed that the appointment of the Plaintiff as contractor for the construction of the building was terminated on 18th July, 2007 followed by a communication dated 27th July, 2007. The Court had also observed that the Plaintiff has a money claim which would have to be adjudicated upon at the trial of the suit on the basis of evidence adduced. The suit is for the recovery of an amount of 2 Rs.46,03,848/- together with interest. In the fresh Notice of Motion which has been taken out, the Plaintiff seeks a deposit of the amount of claim in the suit. Such relief cannot obviously be granted since the claim of the Plaintiff would have to be adjudicated upon on the basis of the evidence at the trial. There is no merit in the Motion. The Motion is accordingly dismissed. *****