1 AO/698/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.698 OF 2011 Dinesh Amrutlal Thakkar, .. Appellant. Vs M/s Jhaveri & Associates and ors .. Respondents. Mr Sanjeev Kadam i/b Vijay N Vora, for the appellant. Mr P.M.shah, for respondent no.1. CORAM: J.H.BHATIA,J. DATE : 29/07/2011 PC: 1. Heard. 2. This appeal is filed by the original plaintiff against the refusal of ad-interim relief pending the notice of motion. According to the plaintiff, previously, he had entered into an agreement for development and had also entered into an agreement to purchase TDR worth Rs.39 lakhs approximately, which was to be used on the available FSI of the peace of land on which the construction is being made. It appears that he had deposited, or paid, an amount of Rs..9,20,000/- towards the value of the TDR. However, according to the defendants- respondents, they had also entered into a contract with the original owners for development in 2001 and then in 2003 with the plaintiff and the balance amount of the TDR was also paid by the defendants. According to the defendants, after obtaining commencement certificate, construction of the building was T 2 AO/698/11 commenced in 2006 and about four storeys have already been constructed, using original FSI as well as some part of the TDR. The question of pecuniary jurisdiction has also been raised before the trail Court and it is being treated as a preliminary issue pending the notice of motion. 3. Taking into consideration the above circumstances and the fact that the construction has been in progress for about five years, I am not inclined to grant any ad-interim relief at this stage. Therefore, Appeal and the Application stand dismissed. 4. The trial Court shall expedite the hearing of the notice of motion as well as the preliminary issue about jurisdiction and decide the same within six weeks from today on its own merits without being influenced by refusal of ad-interim relief either by the trial Court or by this Court. (J.H.BHATIA,J.) 3 AO/698/11