1 nms-2764-s-2380-06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 2764 OF 2006 IN SUIT NO. 2380 OF 2006. Ramchandra M. Mudliyar. ..Plaintiff. vs. Manohar M. Wadkar. ..Defendant. .... Mr. Rahul Tiwari, i/b. K.R. Tiwari, for Plaintiff. None for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 24TH MARCH 2011. P.C. : The Plaintiff had advanced a loan of Rs.60,000/- to the Defendant which the Defendant was to repay within a period of four weeks. However, the Defendant failed and neglected to repay the said loan. In view thereof, by an Agreement for Sale dated 15th January 2004 entered into by and between the Plaintiff and the Defendant, the Defendant after acknowledging that he is unable to repay the said loan to the Plaintiff due to financial problems, requested for time to repay the same by December 2004 and agreed that in the event of his failure to repay the said loan amount on or before 20th December 2004, the Plaintiff shall be entitled to take over the possession of the Room No.6, Laxmi Chawl, Appa Pada, Kurar Village, Malad (East), Mumbai-400 097 (the Suit premises) owned by the Defendant. 2. The Defendant failed to repay the said loan on or before 20th December 2004. When the Plaintiff sought possession of the 2 nms-2764-s-2380-06 Suit premises, the Defendant refused to hand over the possession and instead administered threats to the Plaintiff. The Plaintiff therefore filed the present Suit seeking possession of the Suit premises from the Defendant. At the ad-interim stage prayer clause (b) of the Notice of Motion was granted except the words “dealing with”. Prayer clause (b) as granted reads as under : “(b) Pending the hearing and final disposal of the suit, the Defendant by himself, his agents, servants, family members, representatives and/or any persons claiming through or under him restrained by an order and permanent injunction of this Hon’ble Court from disposing of, selling, inducting, transferring and/or creating any third party rights in the said room of the Defendant being Room No.6, adm. About 10’ X 15’, Laxmi Chawl, Appa Pada, Kurar Village, Malad (East), Mumbai-400 097 in any manner whatsoever nature;” 3. No reply is filed by the Defendant to the present Notice of Motion till date. The Affidavit proving Service of the Notice of Motion dated 23rd August 2006 is on record. In view thereof, pending the hearing and final disposal of the Suit, ad-interim order in terms of prayer clause (b) as set out hereinabove shall continue. The Notice of Motion is accordingly disposed of. A copy of this order shall forthwith be served by the Advocate for the Plaintiff on the Defendant. [ S.J. KATHAWALLA, J. ]