1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3856 OF 2009 IN SUIT NO. 2174 OF 2009 Dr. Bhatia K. Jamnadas & Ors. ... Plaintiffs. V/s. Poonamchand N. Shah & Ors. ... Defendants. Mr. Pradeep Sancheti a/w. Mahesh Vaswani & Sana Yusuf Baugwala for the Plaintiffs. Mr. V.M. Vaghela for Defendant 1. Mr. Shailesh Shah a/w. Pankaj Kawli i/b. V.B. Tiwari & Co. for Defendant 2. Mr. J.G. Reddy for Defendant 3. CORAM : S.C. DHARMADHIKARI,J. DATED : 17th DECEMBER 2009. P.C. :- This is the Plaintiffs’ Notice of Motion which is seeking an interim relief/injunction against the Defendants restraining them from disposing off or parting with possession or creating third party rights in any manner in respect of the salable component described in Annexure ‘H’ to the plaint. 2. After the matter was argued for some time, attention of the Court was invited to Exhibit ‘H’, it is apparent that the said Annexure does not give any details in so far as the salable component and the rehabilitation component. If the construction/building is said to be composite building still then, appropriate details have to be given. Further, merely 2 stating Flat Nos. X Y Z or whatever number is not enough. The appropriate details including the floor so as to clearly identify the flat need to be provided before the Court can pass an effective and complete order. 3. In these circumstances, a suggestion was made as to whether the Plaintiffs are ready and willing to withdraw this Notice of Motion with liberty to file a fresh Motion seeking same relief. After taking instructions, Mr. Sancheti, learned Counsel appearing on behalf of the Plaintiffs states that the Plaintiffs are ready and willing to do so provided an ad-interim order made by this Court and on 13th July 2009 is continued for a reasonable period. 4. The request is just and fair. Accordingly, Notice of Motion No.3856 of 2009 (Plaintiffs’ Notice of Motion) is allowed to be withdrawn with liberty to file a fresh Motion seeking same relief. To enable the Plaintiffs to do so, the ad-interim order dated 13th July 2009 to continue for a period of four weeks from today. All contentions of both sides are kept open. (S.C. DHARMADHIKARI,J.)