NMS1091-10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1091 OF 2010 IN SUIT NO.975 OF 2010 Mrs.Chayya Sunil Dange .. Plaintiff Versus Vijay Singh Dugar and Anr. .. Defendants Ms.Radhika Samant i/b. P.M.Havnur for plaintiff Ms.Suvarna Joshi for defendants CORAM : S.C.DHARMADHIKARI, J. DATE : 23rd September 2010. P.C.: 1] This is a suit for possession on title by plaintiff, post termination of agreement for sale of the suit property. 2] At this stage, as far as interim reliefs are concerned, although, the plaintiffs Counsel would urge that the Court must appoint a Receiver of the suit flat, I am not inclined to so, because it is not even prima facie shown as to why it is just and convenient to do so. 3] However, apprehension of the plaintiffs that the defendants may NMS1091-10 2 part with possession or induct third party or transfer the suit premises can be taken care of by interim injunction restraining them from doing so. However, the grievance of the plaintiffs’ counsel is that post termination of the MOU for the reason that the balance consideration was not paid and there were breaches of terms and conditions, which allegations are not accepted, the defendants are residing in the premises belonging to the plaintiffs, without paying any sums. They are so residing from 19th June 2007. Defendant’s Advocate argued that a sum of Rs.5 lakhs was paid and the defendants were ready and willing to pay balance sum of Rs. 25.25 lakhs but the said amount was not accepted by plaintiff nor was the offer considered but the MOU abruptly was terminated. 4] In such circumstances, in addition to interim injunction in the aforementioned terms, it would be fair, just and proper if the defendants are directed to deposit a sum of Rs.10,000/- per month in this Court from the date of this order, which shall be without prejudice to the rights and contentions of both sides. The deposit shall be made on or before 15th October 2010 and thereafter before 15th of each succeeding month till the suit is disposed of. The amount so deposited shall be invested in Fixed NMS1091-10 3 Deposit with any nationalised bank. 5] The motion is made absolute in the aforesaid terms. No costs. There shall be injunction restraining the defendants from alienating, encumbering, transferring or parting with possession of the suit flat/ premises in any manner till the pendency of the suit, so also direction to deposit the amount month by month as above. Default would entail initiation of proceedings in accordance with law. 6] This order is without prejudice to the rights and contentions of parties on merits. No costs. (S.C.DHARMADHIKARI, J)