1 nms3377-08.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3377 OF 2008 IN SUIT NO.2763 OF 2008 M/s.Advance Technical Trading & Manufacturing Co Pvt Ltd .. Plaintiff versus Jamshed Burjour Dalal & Anr .. Defendants Ms.Karishma Shirke i/by Shantilal & Co for the plaintiff. Mr.Anjal Amin i/by B.Amin & Co for the defendant No.1. CORAM : S.C.DHARMADHIKARI, J. 19th October 2011. P.C.: . Heard learned counsel appearing for the parties. Perused the order recording the statement of the defendants passed on 20th October 2008 in this very notice of motion. The learned advocate appearing for the defendant states that the defendant has no objection to continue this statement and the order based thereon until hearing and final disposal of this suit. However, he contends that there are some other parties who are trying to interfere and intermeddle with the rights of the defendant. Affidavit in reply of the defendant No.1 is taken on record. 2 The plaintiffs advocate states that the plaintiffs have claimed 2 nms3377-08.doc several reliefs including appointment of the Court Receiver. 3 To my mind, nothing has been placed on record which would enable this Court to hold that there are changed circumstances requiring appointment of Court Receiver, High Court, Bombay as a Court Receiver. The suit is seeking specific performance of Agreement for Sale of immovable property. The interim order has been in force from 20th October 2008. In such circumstances, interest of justice would be served if this motion is made absolute in terms of the ad-interim order dated 20th October 2008. However, it is clarified that continuation of this order till the hearing and disposal of this suit is without prejudice to the rights and contentions of both the parties and shall not prevent the defendants from instituting such proceedings as are permissible in law if they find that M/s.Sun Vision Arcade is trying to interfere with their rights in the said immovable property. Equally, this order will not prevent the plaintiffs from seeking further interim reliefs including appointment of the Court Receiver if the occasion so arises. Keeping open all pleas in that behalf, motion is made absolute. (S.C.DHARMADHIKARI, J)