IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTIC OF MOTION NO. 1539 OF 2006 IN SUIT NO. 1274 OF 2006 Syed Rehman Haji Abdullha Khan ...Plaintiff Vs. M/s. Krypton Corporation & Ors. ...Defendants Mr.R.A.Shaikh with Mr. A.R. Shaikh for Plaintiff Mr.Y.R.Shah for Defendants 1 to 3 CORAM: SMT.ROSHAN DALVI, J. DATED: 9 THJUNE, 2009 P.C. 1. The Plaintiff’s suit is upon the agreement for sale dated 14 th August, 2004, Exhibit-C to the plaint. Under that agreement the Plaintiff being owner was to sell the property to the Defendants who are the developers. The consideration payable under the agreement was Rs.25 lakhs to be paid in two installments of Rs.2 lakhs at the time of execution of agreement and Rs.23 lakhs upon the Plaintiff making out a marketable title, the Defendants entering into agreement with occupants and tenants and procuring the IOD and CC whichever was later. 2. The Plaintiff’s title is not disputed. The Defendants have not entered into the agreement with the occupants and tenants. IOD and CC are not received. Strictly speaking the balance amount has not become payable. 3. It is the Plaintiff’s case that the documents which were executed are required to be impounded, because they are fabricated. Mr. Shaikh showed me the stamp paper of the agreement as well as Power of Attorney Exhibits-C and D respectively. The agreement is executed on 14 th August, 2004. However, the Power of Attorney is executed on 24 th July, 2004. He claims that it could not have been so since the stamp paper has been issued on 11 th August, 2004. On this ground alone he contends that the documents must be impounded. 4. The Defendants were to develop the suit property under the Power of Attorney Exhibit-D to the plaint. The Defendants have not developed the property. Mr. Shaikh contended that he does not want any relief of injunction against the Defendants. He only want a relief of impounding of documents. No case of impounding of documents is made out. 5. Notice of Motion is disposed of accordingly. (SMT. ROSHAN DALVI, J.)