1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 998 OF 2008 IN SUIT NO. 711 OF 2008 Simon Alex D’Souza .. Plaintiff Vs. M/s. Shree Ganesh Krupa Constructions and Ors. .. Defendants Mr. L. G. Waingankar for the Petitioner. Mr. M. S. Lad for Defendant Nos.1, 2 & 4. CORAM : MRS. R. S. DALVI, J. DATE : 18th March, 2010. P.C. 1. The plaintiff was to be allotted a flat pursuant an agreement entered into by the plaintiff with defendant No.1 on 6th September, 2002. The plaintiff made part payment thereunder. The plaintiff failed to make full payment. When the plaintiff approached defendant No.1 to make the remainder of the payment he was told that his agreement was cancelled. Further payment was not accepted. 2. The defendant Nos.1 & 4 are represented by one Advocate. The Advocate on behalf of defendant Nos.1 & 4 has relied upon a notice of termination dated 11th December, 2007. The plaintiff contends that the notice is antedated. The defendant Nos.1 & 4 were directed to produce the agreement which defendant No.1 entered into with defendant No.4 upon cancellation of the agreement 2 with the plaintiff. An agreement dated 28th December, 2007 is produced. It is not registered. It is notarized on 16th November, 2007. The unregistered agreement cannot substantiate the case of defendant Nos.1 & 4. 3. The case of the plaintiff that no notice of termination was given as alleged is made out. In fact, the plaintiff’s case that the notice of cancellation of the plaintiff’s agreement dated 11.12.2007 is antedated was also seen. The defence of defendant Nos.1 & 4 shows collusion between them. Notice of motion is made absolute in terms of prayer (a), (a-1), (b) & (c). Court Receiver is appointed in respect of the suit premises. The Court Receiver shall allow defendant No.4 to reside in the suit premises upon paying the necessary royalty and upon giving necessary, usual undertaking. The relief in terms of the aforesaid prayer (a), (a-1), (b) & (c) shall continue until defendant No.1 offers the plaintiff another flat of the same area in Shree Ganesh Krupa Building where the plaintiff was to be given one flat upon the plaintiff paying the remainder of the consideration amount which was payable by the plaintiff under the agreement entered into with the plaintiff by defendant No.1 with interest thereon at 12% p.a. from the date of default until payment/delivery of possession of the flat. 4. This order is stayed for two weeks. (R. S. DALVI, J.)