- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1724 OF 2005 IN SUIT NO. 2675 OF 1989 Uttam Traders P.Ltd .. Plaintiff vs ONGC Ltd .. Defendant . Ms Manisha Shivgan i.b M.G.Mimani for Plaintiff to show cause Mr.P.N.Singh with Ms Usha Singh i.b Vyas Bhalwal for Defendant in support of NM CORAM : SMT. ROSHAN DALVI J. DATE: 30 th June, 2006 P.C. 1. The suit has been filed since 1989. The parties had corresponded in 1988. It is based upon this correspondence 17 years prior to taking out this Notice of Motion that the defendants want relief in this Notice of Motion. The defendants require a direction against the plaintiff to lift the material, which according to the defendants was excess material supplied to them in 1988. - 2 - 2. The supply is made under a letter dated 5/2 / 1 9 8 8 Exhibit C to the Notice of Motion. It appears to have been tested as required as shown in the telegram dated 18/4 / 1 9 8 8 Exhibit C-1 to the Notice of Motion. 3. The defendants rely upon the letter dated 15 th February, 1988 calling upon the plaintiff to lift the excess supply. No steps have been taken for the last 17 years. There shall be no order on the Notice of Motion. No order as to costs. (Smt Roshan Dalvi, J)