1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3787 OF 2008 IN SUIT NO. 194 OF 2009 Arvind Singh. ...Plaintiff. Vs. Evershine Builders Pvt. Ltd & Ors. ...Defendants. ---- Ms. Narpali Afsha i/b O.A. Siddiqui & R. Rathod, for the Plaintiff. Mr. Durgaprasad Sabnis i/b Amit Saklikar, for Defendants. --- CORAM : S.C. DHARMADHIKARI, J. DATED : 20th NOVEMBER, 2009 P.C. 1. This suit is filed for specific performance and agreement of sale of the flat. 2. In the affidavit-in-support of the Notice of Motion it is stated that the plaintiff has complied with all terms and conditions of the agreement of sale. He is also ready and willing to comply with such other and further terms as are laid down therein. However, it is the defendants-builder which is not putting him in possession of the flat. 3. It has been pointed by the first defendant in their affidavit-in-reply that the proposed project consists three wings having 26 floors each. It consists of flats of several dimensions and specifications. The project is sanctioned under the provisions of the Slum Rehabilitation Act. The defendants do not dispute that the allotment letter is also issued. However, they state that it is issued on provisional basis. The defendants have stated that there are some difficulties in 2 construction. Although it is stated to be progressing, yet, it is fairly stated that the construction has come up to only 6th floor. The flat which is allotted to the plaintiff is located on 11th floor. On instruction from first defendant, learned counsel states that the builder has not transferred the flat to anybody else, nor does it intend to sell it to any third party. They stated that the construction is progressing. 4. Therefore, it is directed that the construction work may proceed at site, but flat which was meant for allotment and occupation by the plaintiff and more particularly set out in the letter dated 1.8.2005, shall not be disposed of, sold, alienated, encumberd or parted with possession by the defendants till hearing and final disposal of the suit. This order is passed without prejudice to the rights and contentions of the parties. (S.C. DHARMADHIKARI,J.)