1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 124 OF 2010 IN SUMMARY SUIT NO. 51 OF 2010 Hiralal g. Chauhan ...Plaintiffs. Vs. Ramakant S. Loniya & Anr. ...Defendants. Ms. Ratna Jaiswal for the Plaintiffs. None for the Defendants. CORAM :- ANOOP V. MOHTA, J. DATED :- 29th JANUARY, 2010. P.C.- 1 In a suit under Order 37 Rule 2 of the Code of Civil Procedure, 1908 (for short, “CPC”) the Plaintiff has taken out this Notice of Motion to attach the retirement benefits of the Defendant, who is retiring on 31st January, 2010. In my view, unless the suit is decided finally, at this stage, such retirement benefits just cannot be attached as submitted. Pending the suit, however, the liberty is granted to the Plaintiff to apply for/ to file other applications as contemplated under the law. 2 The attachment of the amount of Provident Fund, Gratuity and all the retirement benefits, in my view, is impermissible and therefore, I am not inclined to grant relief as prayed by the Plaintiff, at this stage. 3 The notice of motion is accordingly dismissed. No costs. (ANOOP V. MOHTA, J.)