NMS1829-09 YBG 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1829 OF 2009 IN SUIT NO.1301 OF 2009 Narang & Ruchi Developers .. Plaintiff Versus Ansuya Ashchandra Jhaveri & Ors. .. Defendants Mr.Virag Tulzapurkar, Senior Advocate with Ms.Soumya Srikrishna i/b. Wadia Ghandy & Co. for plaintiff Mr.S.U.Kamdar, Senior Advocate with A.S.Kamat i/b. Ashok Purohit for defendant Nos. 1 and 2. CORAM : S.C.Dharmadhikari, J. Date : 26th August 2010. P.C. 1] This motion is moved by the plaintiffs for interim reliefs and particularly for appointment of Court Receiver in respect of the property described at Exh.A to the plaint, including the hoarding sites and further for an injunction restraining defendant Nos. 1 to 3 by themselves and their respective servants and agents from in any manner disposing of, alienating, encumbering, transferring or creating any third party rights or NMS1829-09 YBG 2 parting with possession of the said immovable property. 2] As far as prayer (a) of the motion is concerned, the relief claimed is of refund and repayment of part consideration being Rs.3 Crores stated to have been paid under an MOU dated 24th April 2008. 3] At the hearing of this motion both sides consent to the following order being passed:- (a) that the defendants would deposit in this Court a sum of Rs.3 Crores with interest at 12% from the date the monies became due and payable within a period of six months from today; (b) In default, the Court Receiver, High Court, Bombay shall stand appointed as Receiver of the property more particularly described in Exh.A to the plaint with all powers under Order 40 Rule 1, excluding the power to sell. NMS1829-09 YBG 3 The Court Receiver shall also stand appointed as Receiver in respect of the property described in Exh.B with the above powers excluding power to sell. The Receiver will take physical possession of these immovable properties. If there are persons in possession thereof, the Receiver will not dispossess them and await further orders and directions of this Court in that behalf”. 3] To this extent, the parties are in agreement. However, Mr.Tulzapurkar, learned Senior Counsel appearing for plaintiffs submits that the amount if deposited should be permitted to be withdrawn by the plaintiff and it should not be necessary for the plaintiffs to make separate application in that behalf. Mr.Kamdar, learned Senior Counsel appearing for defendants states that considering the nature of the claim of the plaintiffs, such a permission should not be given straight away. Instead the plaintiffs can make an application for withdrawal and that application should be decided by this Court on its own merits and in accordance with law. NMS1829-09 YBG 4 4] Mr.Tulzapurkar submits that there is an order of injunction which has been continuing till date, which should then be continued until vacated by this Court by further orders and directions. However, it is submitted that it be clarified that the grant of interim injunction in terms of prayer clause (c) of the motion will not prevent the defendants from utilising the hoarding sites or changing the advertising agency. 5] Mr.Kamdar also submits that once the amount is deposited with accrued interest, order of injunction should stand vacated forthwith. 6] Considering the broad agreement between parties and that only a limited aspect survives to be gone into at an interlocutory stage, in my view, a middle path would serve ends of justice. Therefore, instead of permitting at this stage withdrawal of monies interest of both sides can be protected by directing that in the event monies are deposited with interest an application for withdrawal be made and the same would be dealt with by this Court on its own merits and in accordance with law. However, to enable the plaintiffs to make such an application, the interim NMS1829-09 YBG 5 injunction in terms of prayer clause (c) will continue for a period of two months from the date the plaintiffs are intimated about the deposit of the sum by defendants with interest. 6] Motion is made absolute in terms of the agreed order as recorded in para 3 above and the injunction granted in terms aforesaid. No costs. (S.C.DHARMADHIKARI, J)