1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.127 of 2009 IN Suit No.432 of 2007 M/s. P.S.D . Exports Pvt.Ltd. .. .. Plaintiff v/s. Mr.Tushar Chandrakant Vaidya & ors. .. Defendants Mr.Raj Patel i/by Sonal Joshi & Co. for Plff. Mr.Sunil Gangan with Mr.Vishwa Burhan Kumbha i/by RMG Law Associates for Deft.N.1 . Ms.Deepali Deshmukh i/by Bilawala & Co. for Deft.Nos.3 & 4. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 27 th February 2009 P.C. : 1. The Plaintiff's Advocate applies for time as the Senior Counsel is not present. Such application cannot be allowed. He states that he has instructions not to proceed. 2. This Suit is filed upon an agreement between the parties for sale of 2 flats and the terrace portion outside the said 2 flats situate at 1 st Road, T.P.S.IV, Bandra (W), Mumbai 400 050. 3. The Plaintiff was to purchase the suit flat upon the agreed consideration. The Plaintiff made payment of earnest. The Plaintiff was to pay the balance consideration. The balance 2 consideration was not paid. The agreement was terminated. The notice of termination shows the default in payment of balance amount of Rs.3,65,75,000 /- which was to be paid before 12.7.2006. The notice is issued on 18.7.2006. 4. The Plaintiff has only denied the unilateral termination and claimed that time was extended orally. The Plaintiff contends that it was ready and willing to complete the transaction. 5. Readiness and willingness would be required to be shown by the Plaintiff. That can be shown only by tender of consideration. Merely stating that the party is ready and willing is of no use. 6. Defendant No.1 has sold the suit flat to Defendant Nos.3 and 4. 7. The Plaintiff has not made out any prima facie case for grant of any injunction in respect of the suit flats. 8. The Notice of Motion is dismissed. (SMT.ROSHAN DALVI, J.)