1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 970 OF 2008 IN SUIT NO. 731 OF 2008 Krupal Maniar & Anr. ...Plaintiffs Vs. Sudhir Yeshwant Surve & Anr. ...Defendants Ms. Jamila Shaikh, Advocate for the Plaintiffs Defendant No.1 present in person. CORAM : SMT. ROSHAN DALVI, J. DATED : 15TH MARCH, 2010 P.C. : 1. The parties entered into an agreement for sale of the suit premises being Flat No.503 in Sai Aishwarya Co-operative Housing Society Limited, Ashok Chakravarty Road, Kandivli (East), Mumbai-400 101. The agreement was entered into by and between the Plaintiff, Defendant No.1 and the original Defendant No.2. The original Defendant No.2 has expired. His heirs are brought on record. The Defendants are the two sons of the original Defendant No.2 and his widow. They have similar interest. The agreement was immediately executed on 9 th January 2007. Part payment of consideration was made as earnest amount in a sum of Rs.5 lakhs. Rs.20 lakhs was payable thereafter within 15 days provided the Defendants 2 produce the necessary title documents and NOC required by the Plaintiffs to avail of the Housing Loan from the Bank. 2. The Defendants have not shown that they got the NOC produced and sent to the Plaintiffs as per the specific condition in Clause 2(b) of the plaint. Since the NOC and title documents were not given, the Plaintiff could not avail the loan and could not make payment of Rs.20 lakhs. The condition precedent was not complied. 3. The Defendant No.1, who is present in Court, states that the Plaintiff was not ready and willing to perform his part of the contract. That is incorrect. The Plaintiff could not have been ready and willing until the Defendants performed their obligation which was condition precedent in clause 2(b). 4. Consequently case for grant of injunction is made out. The Defendant shall not sell, dispose off, part with possession, encumber, alienate or otherwise create any 3 rd party rights in Flat No.503, Sai Aishwarya Co-operative Housing Society Limited, Ashok Chakravarty Road, Kandivli (East), Mumbai-400 101. 5. Case for Court Receiver is not made out. 6. Notice of Motion is disposed off accordingly. (SMT. ROSHAN DALVI, J.)