-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of motion no. 1513 of 2006 in Suit no. 1260 of 2006 Gujarat Agro Chem Ltd. : Plaintiffs v/s 1. M/s. Ascent Crop. Science Pvt Ltd. : Defendants & ors Mr. B.R. Vishwakarma for plaintiff Anil Patel for defendant Coram : S.J. Kathawalla, J. Date : 14.11.2008 P.C. . The present suit is filed by the plaintiffs to recover an amount of Rs. 2.3 crores from defendant no. 1 to 4. 2. The defendant nos. 1 to 4 were the owners of plot bearing Khasra no. 390, Village Sej Via, Ghata Billaud, Dist Dhar (Madhya Pradesh) admeasuring 1.013 hectors. The said plot was sold by defendant no. 5 i.e Madhya Pradesh Finance Corporation by public auction to recover amounts due and payable to them by the defendant nos. 1 to 4. 3. The plaintiff in this notice of motion sought stay -2- on the auction of the said plot by defendant no.5. The plaintiff had also made an application in for urgent reliefs before this court (Coram V.R. Kingaonkar,J) on 19.5.2006 seeking the stay on the auction of the said plot by the defendant no.5. The said application was rejected. However this court had directed respondent no. 5 to make the statement regarding excess amount available under the auction sale and the details of the sale proceeds after completion of the process along with details of the amount borrowed and also amount due as on the date. 4. An affidavit is filed by the manager on behalf of the defendant no. 5 wherein it is submitted that the amount due and payble by defendant nos. 1 to 4 to defndantno.5 was 96.77 lacks. A sum ofRs.75.51 lac was recovered from the auction sale of the plot of defendant nos. 1 to 4. Therefore there is no excess amount received by the defendant no.5. Instead defendant no. 1 is yet to recover an amount of Rs. 21.26 lac from the plaintiff. 5 In view of the above facts, advocate for the plaintiff concedes that the notice of motion taken out by the plaintiff has become infructous and nothing survives in the same. In view thereof notice of -3- motion is dismissed as infructous with no order as to costs. (S.J. Kathawalla,J.)