: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3695 OF 2005 IN SUIT NO.3131 OF 2005 M/s.G.Nahar Group of Concerns ....Plaintiff V/s. Nitin P. Sangani & Ors. ....Defendants Mr.P. Jaiswal i/b Mr.D.G. Rangras for the Plaintiff. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATED : 17TH JANUARY, 2008. P.C. : 1. The suit is filed for specific performance of the agreement dated 8.5.1995. By the said agreement, Defendant Nos.1 and 2 agreed to sell the said flat to the Plaintiff for a consideration of Rs.9,50,000/-. Rs.25,000/- was paid as earnest money. Rs.2,50,000/- due and payable by Defendant Nos.1 and 2 to the Plaintiff was adjusted. In other words, an amount of Rs.2,75,000/- out of the total consideration of Rs.9,50,000/- has been paid. 2. Under clause 3 of the agreement, if the said sum of Rs.2,50,000/- was paid by 31.5.2005, the agreement was to stand terminated and the earnest : 2 : money was also to be refunded to the Plaintiff. 3. The said sums had not been paid. It appears that even the outgoings of the society are not being paid. The Defendants are absent despite being served. There is no affidavit in reply. 4. In the circumstances, the Notice of Motion is made absolute in terms of prayer (a). The Defendants shall also be at liberty to apply to be appointed as the agents of the Court Receiver. In the event of their offer being the highest, they shall be first appointed as the agents of the Court Receiver. In the event of the Defendants being appointed as the agents of the Court Receiver, the Court Receiver shall not insist on security but the Defendants shall be liable to pay the royalty. 5. Till the Court Receiver takes possession, there shall be an order in terms of prayer (b).