IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2364 OF 2008 NOTICE OF MOTION NO. 2364 OF 2008 NOTICE OF MOTION NO. 2364 OF 2008 IN IN IN SUIT NO. 1835 OF 2008 SUIT NO. 1835 OF 2008 SUIT NO. 1835 OF 2008 Maneesh Pharmaceuticals Limited ...Plaintiff Vs. Corporation Bank ...Defendant Mr.Janak Dwarkadas and Mr.Chetan Kapadia i/b. M/s.DSK Legal for the Plaintiff. Mr.Rohit Kapadia with Zal Adhyarunjinha with Mr.Girish Dave and Mrs.Mona Bhide i/b. M/s.Dave & Girish & Co. for Defendant. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : MARCH 26, 2009 DATED : MARCH 26, 2009 DATED : MARCH 26, 2009 P.C. :- P.C. :- P.C. :- 1. Heard. Mentioned, not on board. 2. This is an application for Speaking to the Minutes of Order dated 28th July, 2008. 3. It is submitted by the learned Senior Counsel Shri Kapadia appearing on behalf of the defendant that in para 6, the following observations are made :- "6. Place the Motion for final disposal on 13th August, 2008. In the meantime, however, the defendant shall not take any further steps against the plaintiff after their declaration of the plaintiff’s account as NPA until further - 2 - orders." It is submitted that further steps which are referred to in para 6 are that the defendant shall not give an intimation about their declaration of the plaintiff’s account as NPA to the Reserve Bank of India so that further steps are not taken by the RBI against the plaintiff. It is submitted that these further steps do not mean that the defendants are not permitted to take out such proceedings against the plaintiff such as filing proceedings in the DRT. 4. Shri Dwarkadas, learned Senior Counsel appearing on behalf of the plaintiff submits that further steps clearly mean that the defendants are precluded from taking any further steps or any further legal proceedings for the recovery of the said amount. 5. In my view, further steps referred in para 6, clearly referred to the further step which the defendant wanted to take for the purpose of informing the Reserve Bank of India about their declaration of the plaintiff’s account as NPA and therefore, that direction was given - 3 - to the defendant not to do so until further orders. The said term , therefore, cannot be construed to mean that the defendants cannot file proceedings against the plaintiffs before the DRT or any other steps in accordance with law save and except reporting to Reserve Bank of India. In any case, the said restriction was imposed until further orders. It is always open for the parties to move the regular court for further clarification or further reliefs. 6. I am informed that the Notice of Motion is already kept for final hearing on 21st April, 2009, therefore, no further orders are necessary. Order is, accordingly, modified. 7. It is further clarified that all the contentions raised by the plaintiffs regarding the maintainability of such proceedings which the defendant may take, are kept open. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)