1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL SIDE JURISDICTION ORDINARY ORIGINAL SIDE JURISDICTION ORDINARY ORIGINAL SIDE JURISDICTION CHAMBER SUMMONS NO.564 OF 2004 CHAMBER SUMMONS NO.564 OF 2004 CHAMBER SUMMONS NO.564 OF 2004 IN IN IN SUIT NO.1246 OF 1989 SUIT NO.1246 OF 1989 SUIT NO.1246 OF 1989 Taraben Ambalal Shah & Anr. ...Plaintiffs Taraben Ambalal Shah & Anr. ...Plaintiffs Taraben Ambalal Shah & Anr. ...Plaintiffs Vs. Vs. Vs. Naginbhai Pragji Desai ...Defendant Naginbhai Pragji Desai ...Defendant Naginbhai Pragji Desai ...Defendant ----- ----- ----- None present for parties None present for parties None present for parties CORAM: ROSHAN DALVI, J. CORAM: ROSHAN DALVI, J. CORAM: ROSHAN DALVI, J. DATED: 19TH DECEMBER, 2005 DATED: 19TH DECEMBER, 2005 DATED: 19TH DECEMBER, 2005 P.C. P.C. P.C. . Parties and Advocates absent. . Parties and Advocates absent. . Parties and Advocates absent. . This is a Defendant’s chamber summons to . This is a Defendant’s chamber summons to . This is a Defendant’s chamber summons to withdraw Rs.7,11,000/- deposited by the Defendants in withdraw Rs.7,11,000/- deposited by the Defendants in withdraw Rs.7,11,000/- deposited by the Defendants in this Court pending the suit. The suit is decreed. this Court pending the suit. The suit is decreed. this Court pending the suit. The suit is decreed. Specific performance of the contract between the Specific performance of the contract between the Specific performance of the contract between the parties is granted. Defendant is directed to vacate parties is granted. Defendant is directed to vacate parties is granted. Defendant is directed to vacate the suit premises and hand over the premises to the the suit premises and hand over the premises to the the suit premises and hand over the premises to the Plaintiff. The appeal from the decree is dismissed. Plaintiff. The appeal from the decree is dismissed. Plaintiff. The appeal from the decree is dismissed. The SLP is also dismissed. One year time to vacate The SLP is also dismissed. One year time to vacate The SLP is also dismissed. One year time to vacate the suit premises was given to the Defendant, when the the suit premises was given to the Defendant, when the the suit premises was given to the Defendant, when the SLP was dismissed. That one year period was to expire SLP was dismissed. That one year period was to expire SLP was dismissed. That one year period was to expire on 4th April 2004, as per the undertaking of the on 4th April 2004, as per the undertaking of the on 4th April 2004, as per the undertaking of the Defendant dated 4th April 2003. Defendant dated 4th April 2003. Defendant dated 4th April 2003. . This chamber summons has been taken out on 4th . This chamber summons has been taken out on 4th . This chamber summons has been taken out on 4th February 2004, 2 months before the undertaking had to February 2004, 2 months before the undertaking had to February 2004, 2 months before the undertaking had to be honoured. Until the defendant honours the be honoured. Until the defendant honours the be honoured. Until the defendant honours the 2 undertaking the amount deposited in the Court cannot undertaking the amount deposited in the Court cannot undertaking the amount deposited in the Court cannot be paid to the Defendants, so also the interest be paid to the Defendants, so also the interest be paid to the Defendants, so also the interest thereon. thereon. thereon. . The chamber summons is not shown to be served. . The chamber summons is not shown to be served. . The chamber summons is not shown to be served. Hence, no affidavit in reply is filed. Chamber Hence, no affidavit in reply is filed. Chamber Hence, no affidavit in reply is filed. Chamber Summons is dismissed. N.O.C. Summons is dismissed. N.O.C. Summons is dismissed. N.O.C. (ROSHAN DALVI, J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.)