1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1044 of 2007 IN SUIT NO.755 OF 2007 Sabil Ali Khan ..Plaintiff -versus Nawab Abdul Shaikh and anr .. Defendants Mr. Mangesh Patil i/b Mrs A.S. Malvankar for the Plaintiff. Mr. Rakesh Pandey for defendant Nos 1 & 2. ALONGWITH NOTICE OF MOTION NO.2940 of 2007 IN SUIT NO.755 OF 2007 Sabil Ali Khan ..Plaintiff -versus Nawab Abdul Shaikh and anr .. Defendants Mr. Mangesh Patil i/b Mrs A.S. Malvankar for the Plaintiff. Mr. Rakesh Pandey for defendant Nos 1 & 2. CORAM: S. J. VAZIFDAR, J DATED: 16th November, 2009. P.C. 1. The suit is filed for the specific performance of a development agreement dated 25th January, 2000. 2. The suit was filed exactly 7 years later ie on 24th 2 January, 2007. The total consideration was Rs.l8,00,000/-. Rs. 2,50,000/- was paid on the execution of the agreement. The balance consideration of Rs.15,50,000/- was to be paid within one year irrespective of whether the Plaintiff was able to develop the property or not and irrespective of whether or not Plaintiff was able to sell the flats/shops in the proposed construction. Admittedly the balance consideration has not been paid till date. The fact that on the Plaintiff’s application, the balance consideration was ordered to be deposited in the Court is not relevant. 3. The agreement makes it clear that it was entered into on an as is where is basis and entirely at the Plaintiff’s risk. In addition to the monetary consideration, the Plaintiff was to provide premises admeasuring 300 sq. feet in the property to be developed. Nothing has been done till date. 4. In the circumstances not only is there no readiness and willingness on the part of Plaintiff but there has been a breach of the agreement by the Plaintiff. 5. On the above grounds both the Notices of Motion are dismissed. 6. The Plaintiff if so desires, is at liberty to withdraw the amount deposited in this Court, alongwith interest thereon if any. 7. The Notices of Motion are accordingly disposed of.