: 1 : IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY TESTAMENTARY TESTAMENTARY & INTESTATE JURISDICTION & INTESTATE JURISDICTION & INTESTATE JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO.5 OF 2008 MOTION NO.5 OF 2008 MOTION NO.5 OF 2008 IN IN IN SUIT SUIT SUIT NO.71 NO.71 NO.71 OF 1999 OF 1999 OF 1999 IN IN IN PETITION PETITION PETITION NO.748 NO.748 NO.748 OF 1999 OF 1999 OF 1999 Vijay Aggarwal & Anr. .. Petitioners. Versus Anil B.Aggarwal .. Caveator/Defendant. And Rita A.Aggarwal .. Applicant. And Central Bank of India .. Respondent. ALONGWITH ALONGWITH ALONGWITH NOTICE NOTICE NOTICE OF OF OF MOTION NO.6 OF 2008 MOTION NO.6 OF 2008 MOTION NO.6 OF 2008 IN IN IN SUIT SUIT SUIT NO.71 NO.71 NO.71 OF 1999 OF 1999 OF 1999 IN IN IN PETITION PETITION PETITION NO.748 NO.748 NO.748 OF 1999 OF 1999 OF 1999 Vijay Aggarwal & Anr. .. Petitioners. Versus Anil B.Aggarwal .. Caveator/Defendant. And Rishi A.Aggarwal .. Applicant. And Central Bank of India .. Respondent. Mr.A.B.Shrikhande for petitioner. Mr.D.V.Merchant i/b.L.C.Tolat & Co. for applicant. CORAM CORAM CORAM : V.C.DAGA, J. : V.C.DAGA, J. : V.C.DAGA, J. DATE DATE DATE : 3rd March, 2008. : 3rd March, 2008. : 3rd March, 2008. P.C.: P.C.: P.C.: 1. It is not in dispute that against the order refusing injunction against the Respondent - Central Bank of India, the present petitioner has moved an Appeal against the order dated 10th December, 2007 and the same is pending. In the present Notice of Motions, the : 2 : identical relief is being claimed. It is needless to mention that simultaneously, no litigant can have right to approach two different forums for the same relief. 2. In that view of the matter, on the motion made by the learned Counsel appearing for the petitioner, both the Notice of Motions are allowed to be withdrawn with liberty to proceed with the appropriate proceedings and / or to initiate appropriate proceedings as are available in law. 3. Both the Notice of motions stand disposed off accordingly. (V.C. (V.C. (V.C. DAGA, J.) DAGA, J.) DAGA, J.)