1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.753 OF 2009 WITH C.A.NO.937 OF 2009 Mr. Hitesh Nandlal Ajmera. ..Appellant. Vs. Mr. Mahesh Thakker and anr. ..Respondents. Mr.A.M.Sarogi for the petitioner. Mr.J.G.Damani for the Respondent. CORAM : R.S. MOHITE, J. DATE : 2nd Sept.2009 PC : 1. Heard Advocate for the appellant-plaintiff and the advocate for the defendant No.1. This appeal is filed by the original plaintiff against the dismissal of the notice of motion against the defendant No.2 who is admittedly the real owner from creating third party right. The record indicates that the suit agreement dated 11.12.2007 as well as other correspondence is with defendant No.1 alone and according to the plaintiff defendant No.1 was posing to be constituted attorney of the 2 defendant No.2. The record further indicates that defendant No.2 has denied that she had created any power of attorney in favour of the defendant No.1. In the circumstances, notice of motion has been correctly rejected. Advocate appearing for the defendant No.1 however, admits that his client has received the amount of Rs.40.00 lacs and makes a statement that his client will repay the same. Statement is recorded for the purpose of record. Appeal is accordingly, disposed off. C.A.NO.937 OF 2009 2. As the main appeal is disposed off, this civil application does not survive and the same is also disposed off. ( R.S. MOHITE, J.)