1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO.2305 OF 2009 IN SUIT NO. 1974 OF 2006 Khushnooda Fazil Ansari .... Plaintiffs vs V.K. Kaul & ors. ... Defendants Mr.Abhimanyu V. Dhawan for the plaintiff. Mr.S.K.Chaurasia i/b. A.M.Saraogi for defendants 6 and 7. Mr. A.N.Samant for defendants 4, 9 and 10. CORAM: ANOOP V. MOHTA, J. DATE : 22nd July, 2009 P.C.: 1 The plaintiff has taken out this Motion in a Suit basically revolve around the licence which was terminated and as alleged, he was wrongfully dispossessed by removing the glow signs at the platform of C.S.T. Mumbai, put up by the plaintiffs at the suit site. Having once terminated the contract, unless it is decided finally, there is no question of granting specific prayer made in this Motion. The defendants, even otherwise are at liberty to grant such licence by inviting tenders/offers and by following the due procedure of law. The submission that he was wrongfully dispossession and he suffered losses and, therefore, entitled for damages, just cannot be the foundation to grant ad-interim relief as prayed 2 namely, restraining the defendants from allocating the suit sites or parting with the possession of the suit sites. The respondents, cannot be restrained from doing their day to day affairs, merely at the instance of the plaintiffs, whose licence was already terminated. However, it is made clear that the amount so deposited by the plaintiffs, if any, need to be tackled subject to due terms and conditions of the licence in accordance with law. 2 Notice of Motion is dismissed accordingly. (ANOOP V. MOHTA, J.)