:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 3576 OF 2008 OF MOTION NO. 3576 OF 2008 OF MOTION NO. 3576 OF 2008 IN IN IN SUIT SUIT SUIT NO. 3990 OF 2003 NO. 3990 OF 2003 NO. 3990 OF 2003 Absul Rasool Navroz. ...Plaintiff. V/s. M/s. Kishore Industries & Ors. ... Defendants. Mr. N.M. Bagadia for the Plaintiff. Mr. K.D. Jha for the Defendants. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 1ST 1ST 1ST DECEMBER 2008. DECEMBER 2008. DECEMBER 2008. P.C. P.C. P.C. : : : . Prayer ‘A’ of the Notice of Motion reads as follows :- "(a) That the Order dated 5th March, 2008 passed by His Lordship Mr. Justice S.J. Vazifdar in Notice of Motion No.879 of 2007 in Suit No.3990 of 2003 more particularly clause (III) be modified to the extent that "without prejudice to the rights and contention of the parties, Defendant Nos. 2 to 7 to deposit Rs.8000/- per month in this Court and the amounts so deposited per month be invested in some Nationalised Bank till final disposal of the Suit" instead paying to the Plaintiffs as ordered." :2: 2. I have heard Mr. Jha, learned Advocate appearing in support of the Motion and Mr. Bagadia for the Plaintiff in opposition. 3. With the assistance of Mr. Jha and Mr. Bagadia, I have perused the Motion and Annexures thereto so also all affidavits. The order passed by this Court of which modification is sought is dated 5th March 2008. That order is passed without prejudice to the rights and contentions of the parties. This order is passed after hearing both sides. The arrangement recorded therein is agreeable to both sides. In such circumstances, and when the payment is without prejudice to the rights and contentions of the parties to the Suit, no case is made out for modifying the order dated 5th March 2008. The Notice of Motion is misconceived. There is adequate protection to the Defendants in case, they are paying the amounts as directed by this Court. The Motion is, therefore, dismissed. 4. Place the Suit for framing issues on 4th December 2008. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)