1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTIOON NO.4357 OF 2007 IN SUMMARY SUIT NO. 3073 OF 2007 Anil Kumar Janardan Prasad Tiwari & Anr. ....Plaintiffs. Vs. Keshav Namdev Raul. ...Defendant. --- Mr. H.T. Lulia i/b Deepak J. Lulia, for the Plaintiffs. Mr. Parag Kale, for the Defendant. ---- CORAM : S.J. VAZIFDAR, J. DATED : 26TH AUGUST, 2009. P.C. 1. By consent, the Notice of Motion is taken on board and heard finally. 2. The unconditional leave has been granted in the Summons for Judgment taken out by the Plaintiffs. 3. Prima facie, the receipt of Rs.50,000/- as consideration for sale of the flat is admitted. It is contended, however, that the sum of Rs.50,000/- has been returned. There is no dispute, however, that the alleged cheque was a bearer cheque. 2 4. According to the Plaintiffs an aggregate sum of Rs. 7,50,000/- was paid. The said cheques were also bearer cheques. 5. Prima facie, it is difficult to reject the Plaintiffs’ case regarding receipt of the said sum of Rs.7,50,000/-. The execution of the receipt of Rs.7,50,000/- is not denied. What is contended is that only those entries aggregating to Rs.50,000/- were acknowledged in the receipts. The execution of the receipt, however, is after all related entries aggregating to Rs.7,50,000/-. However, in the facts and circumstances of the case, an injunction would suffice. It is further admitted before me at least by the learned counsel appearing on behalf of the Defendant that the Defendant intends to sell the flat and leave for his village. 6. In the circumstances, Plaintiffs’ rights require to be protected. 7. Hence, pending the hearing and final disposal of the suit, the Defendant is restrained from selling, encumbering, alienating, parting with the possession of and/or creating any third party right, title and interest in, to, upon or in respect of the said flat referred to in the Notice of Motion without the leave of the court. The Notice of Motion is accordingly disposed of.