IN THE HIGH COURT OFJUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2740 OF 2007 IN SUIT NO. 2036 OF 2007 M/s. Surya Children' s Hospital ...Plaintiffs Vs. Purshottam Dharmdas Tharwani & Anr. ...Defendants Mr. Satyen Vaishnawa, Advocate for the Plaintiffs. Mr.Farhan Dubash i/b. Narayan & Narayan, Advocates for the Defendants CORAM : R.S.DALVI, J. DATE : 17TH FEBRUARY, 2009. P.C.: The plaintiffs have alleged an oral agreement between the parties of which the plaintiffs seeks specific performance. The defendants' flat is the only flat in the suit building which is not in possession of the plaintiffs. Hence, the negotiations between the parties. 2. The defendants have admitted the negotiations. However, the defendants deny that the negotiations culminated into an agreement between the parties as per the draft relied upon by the plaintiffs at Exhibit “B” and “C” of the plaint or otherwise. The defendants do not desire to sell their flat to any third party pending the suit. The counsel appearing on behalf of the defendants makes a statement to court upon taking instructions from the Advocate on record, to that effect. The statement is accepted. The plaintiffs have issued a cheque of Rs.65,00,000/- in favour of the Prothonotary and Senior Master, to show the plaintiffs readiness and -2- willingness under the suit contract. The plaintiffs shall be entitled to withdraw the amount of Rs.65,00,000/- from the Court alongwith accrued interest, if any. Accordingly, the Notice of Motion is disposed of in terms of the Statement. Suit to be placed on board on 18th February, 2009. (R.S.Dalvi, J.)