1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4219 OF 2007 IN SUIT NO.3059 OF 2007 M/s.Goodwill Premises Co-Op.Soc. Ltd. ....Plaintiff V/s. Rameshwardas C. Agarwal ....Defendant Mr.Girish K. Vora for the Plaintiff. Mr.Y.C. Naidu i/b M/s.C.r. Naidu & Co. for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 7TH DECEMBER, 2009. P.C. :- 1. The suit is filed for a declaration that a purported agreement contained in a letter dated 6.2.2007 is valid, subsisting and binding and that the termination/withdrawal thereof by the Defendant is null and void. The Plaintiff has also sought specific performance of the purported agreement dated 6.2.2007. The letter dated 6.2.2007 addressed by the Defendant to the Plaintiff reads as under :- “Dear Sir, With reference to your letter of 6.2.2007 and earlier phone talk, please note that I can consider your request for Rs.51/- (Rs.Fifty one) lacs towards changing Leasehold land to Free hold rights, provided that (A) you will confirm in writing your offer for the above amount within 15 (fifteen) days from today. (B) Your confirmation letter must come with cheque of Rs.15/- (fifteen) lacs as a deposit and the balance within 15 days from the date of your confirmation with aforesaid cheque of Rs.15/- lacs. 2 (C) All arrears towards lease charges and access road charges must be paid along with your confirmation letter. (D) All out of pocket expenses, solicitor fees, stamp duty, if applicable and any other charges will be paid by the Society only.” 2. I will ignore for the purpose of this order the effect of the Defendant having stated that he would only consider the Plaintiff’s request contained in a letter also dated 6.2.2007 for the conversion of the tenure of the land. It is clear however that four conditions had to be met by the Plaintiff in order for a valid acceptance of the said letter. It was necessary for the Plaintiff to have not only agreed to but also complied with points (C) and (D) of the Defendant’s letter dated 6.2.2007. The Plaintiff admittedly did not do so. 3. That the Plaintiff did not accept the offer in terms of the letter dated 6.2.2007 is clear from the Plaintiff’s letter dated 19.2.2007 which reads as under :- “Dear Sir, We are in receipt of your letter dated 6.2.2007 and thanks for the same. As desired by you we are enclosing herewith a cheque No.308801 dated 18.2.2007 for Rs. 15,00,000/- (Rupees Fifteen Lakhs only) drawn on The Maharashtra State Co-operative Bank Ltd. As Advance towards Rs.51,00,000/- (Rupees Fifty one Lakhs only) Agreed by you for changing Lease hold land to Free hold rights. Please acknowledge the receipt of the same.” 4. There is not even a reference to the conditions (C) and (D) contained in the offer letter dated 6.2.2007. There was therefore no contract between the parties, as alleged. 5. In the circumstances, the Notice of Motion is dismissed. Ad- 3 interim order shall continue for a period upto 31.1.2010 in order to enable the Plaintiff to challenge this order.