1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.3187 of 2008 In Suit No.785 of 1991 Mrs.Priya Advani .. .. Plaintiff v/s. United Health Care Ltd. .. .. Defendants Mr.S.M. Gorwadkar i/by Mr.B.G. Saraf for Plaintiff. Mr.N.J.Tanani i/by Mr.Ashwin Ankhad for Defendants. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 15 th October, 2008 P.C. : 1. 17 years after the filing of the Suit, this Notice of Motion is taken out for appointment of Court Receiver. This relief was prayed for even earlier. It was not granted. An order of injunction restraining the transfer has been passed in the Suit. The Plaintiff is a senior citizen. She is stated to be 82 years old. There shall be no order on the Notice of Motion. No order as to costs. The Suit itself deserves to be tried forthwith. The Suit is for specific performance of an Agreement stated to be dated 26.4.1980 by both the Advocates. A copy of the Agreement annexed as Exhibit- A to the Plaint, of which specific performance is sought is admittedly the executed document. It does not have to be proved. Only the Plaintiff's rights therein would have to be 2 considered in the Suit. 2. The Plaintiff has shown the Notice sent to the Defendants on 18.9.1986 annexed as Exhibit- B to the Plaint. Under this Notice, the Plaintiff has expressed her willingness to sign the Agreement for sale as required under the last clause of the Agreement, Exhibit- A to the Plaint. The following issues arise in the Suit:- ISSUES (i)Whether the Suit is barred by the Law of Limitation. (ii)Whether the Plaintiff has performed her part of the Agreement dated 26.4.1980, Exhibit- A to the Plaint. (iii)Whether the Agreement dated 26.4.1980 has been validly terminated by the Defendants. (iv)What relief, if any, is the Plaintiff entitled to ? 3. The Suit is adjourned to 21 st October 2008 for determination of the preliminary issue relating to the bar of limitation under the provisions of Order 14 Rule 2 of the Code of Civil Procedure. [SMT.ROSHAN DALVI, J.]