1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4451 OF 2007 IN SUIT NO. 3228 OF 2007 Pradeep Hirani ...Plaintiff Vs. Jude Chandran and Ors. ...Defendants ----- Ms. Kanta Shah for Plaintiff Ms. Priya Khaitan i/b. Khaitan and Jaykar for Defendants ----- CORAM: V.M. KANADE J. DATED: 4TH MARCH, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Plaintiff and the Defendants. 2. The Plaintiff has filed the suit, challenging the termination of the agreement dated 7.12.2001 by the Defendant No.1 and also for specific performance of the said agreement. The Plaintiff is also claiming the damages. 2 3. By the said agreement dated 7.12.2001, the Defendant No.1 who is the owner of a bungalow permitted the Plaintiff to put up his hoardings on the terrace of the said bungalow. By the said agreement, it was agreed between the parties that the Plaintiff should obtain the requisite permission from the Corporation and their authorities and, thereafter, put up his hoardings. According to the Defendant No.1, since the Plaintiff is not in a position to obtain permission from the BMC, he did not put up the hoardings and, therefore, the Defendant No.1 is constrained to terminate the agreement. 4. It is an admitted position that till today the Plaintiff has not yet obtained the requisite permission from the competent authorities. In this view of the matter, at this stage, the Plaintiff, in my view, is not entitled to claim any reliefs claimed by him in the Notice of Motion. Notice of Motion is disposed of. Liberty, however, is granted to the Plaintiff to apply for further interim orders after the requisite permission is granted by the competent authorities. The Defendant No.1 shall give NOC, if required. (V.M. KANADE J.)