1 appl406.10.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODGING) NO. 406 OF 2010 IN NOTICE OF MOTION NO. 663 OF 2010 IN SUIT NO. 566 OF 2010 Sharma Reality Pvt. Ltd. ......Appellants. Vs. M/s. Khandelwal Hermann Electronics Pvt. Ltd. ......Respondents. Mr. Ravi Kadam Sr. Advocate with Ashish Kamat and Pravin Kamble i/by M/s. Shaunak Satpute & Co. for the Appellants. Mr. Vivek Kantawala i/by M/s. Vivek Kantawala & Co. for the Respondents. CORAM :- D.K DESHMUKH AND ANOOP V. MOHTA, JJ. DATE :- 24 AUGUST 2011. P.C. :- Admit. Heard finally by consent of the learned counsel appearing for the parties. 2 There was an agreement between the parties admittedly. It also appears to be an admitted position that the plaintiffs have been put in 2 appl406.10.sxw ssm possession of the property. It also appears to be an admitted position that nearly an amount of Rs.5 crores has been paid by the Plaintiffs to the Defendants. Perusal of the letter by which the agreement is terminated shows that the termination is on the ground that there was an oral agreement for payment of additional amount in excess of Rs.15 crores and because that amount is not paid, the agreement is terminated. But there is nothing stated as to what has happened to the amount which is already paid by the Plaintiffs to the Defendants. In our opinion considering the amount that has been paid to the Defendants and the fact that the Plaintiffs admittedly are in possession and the possibility of the Defendants creating third party rights, the learned Single Judge should have granted ad-interim order in terms of prayer clause (b). 3 In our opinion, therefore the following order would meet the ends of justice. ORDER (i) The order impugned in the Appeal is set aside. (ii) The learned single Judge is requested to hear and dispose of the Motion at an early date. Till the 3 appl406.10.sxw ssm Motion No. 663 of 2010 is finally decided, ad- interim order in terms of prayer clause (b) of that Notice of Motion shall operate. 4 Appeal is accordingly disposed of. There shall be no order as to costs. (ANOOP V. MOHTA, J.) (D.K. DESHMUKH, J.)