- 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.2350 OF 2008 OF MOTION NO.2350 OF 2008 OF MOTION NO.2350 OF 2008 IN IN IN SUIT SUIT SUIT NO.1458 OF 2008 NO.1458 OF 2008 NO.1458 OF 2008 M/s.Jasveen Industries ...Plaintiffs vs. Hemkunt Industries ...Defendants Mr.H.S.Anand i/b Mrs.Sarita Done for the plaintiffs Mr.Ketan Chotani for the defendants CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : OCTOBER 22,2008 : OCTOBER 22,2008 : OCTOBER 22,2008 P.C.: P.C.: P.C.: 1. Heard learned counsel appearing for the plaintiffs. 2. The plaintiff has filed a suit for recovery of a sum of Rs.7,26,236.00 together with interest thereon as prayed in the prayer clause (a). The case of the plaintiff is that as per the orders placed by the defendants, the plaintiffs supplied goods from time to time to the defendant. Reliance has been placed on the invoices issued by the plaintiffs. According to the case of the plaintiffs, the defendants were bound to pay the amount payable under the invoices within a period of 60 days from the respective dates of the invoices. It is stated that there was an account maintained by the plaintiffs. The suit is essentially for recovery of the balance price of the goods sold and delivered by the plaintiffs. - 2 - 3. The prayer in the notice of motion is for a direction to the defendants to deposit the decretal amount. 4. The submission of the learned counsel for the plaintiff is that in reply to the suit notice, the defendants have not denied the liability and therefore, the defendants are under an obligation to deposit the decretal amount. He submitted that on deposit of the said amount, the same may be invested. 5. I have considered the submissions. In a money suit filed by the plaintiffs, they are virtually seeking a money decree by way of interim relief by taking out a notice of motion. The written statement has not been filed till today as the stage of filing the written statement has not yet reached. 6. Such a relief can never be granted as interim relief pending the final disposal of the money suit. Therefore, there is no merit in the notice of motion and the same is accordingly dismissed with no order as to costs. JUDGE JUDGE JUDGE