1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NMS/2818/2009 IN SUIT NO.2179 OF 2006 Sanjay Sadashiv Kadam .... Plaintiffs vs Satelite Developers Public Ltd. & 6 ors. ... Defendants Mr.Tejas Vora i/b . D.R.Mishra for the plaintiffs. Mr.Sakhardande with Mr.Mayur Khandeparkar i/b. Kanga & Co. for defendant no. 1. CORAM: ANOOP V. MOHTA, J. DATE : 10th September, 2009 P.C.: 1 The plaintiff has taken out this motion in a Suit filed in the year 2006 for interim reliefs including the appointment of Receiver on the property to the extent of his share i.e. 8%. 2 The motion is taken out in the year 2009 basically on the document 3.4.2003 including the document dated 17.4.2003. The plaintiff is signatory to the same. The document itself refers to consideration of Rs. 5 lacs received by the plaintiff. 3 Now, the submission that those documents were got executed by mis- representation just cannot be the reason to file this motion in the year 2009, as alleged those documents were not even supplied though asked for by the plaintiff 2 at the initial stage, when the suit was filed. The fact remains that these documents were well within the knowledge of the plaintiffs when suit was filed. Even otherwise, unless these documents are tested and challenged as per the submission made by the plaintiffs, at this stage, I see there is no reason to overlook these documents at the instance of plaintiff for equitable relief as sought in the present motion. 4 The learned counsel appearing for the defendants makes statement that pursuant to the basic agreement of the year 1994, the construction is practically 90% completed. 5 The submissions and the averments so made in the Notice of Motion, in the above background, therefore, in my view, are not sufficient to grant any equitable and/or interim reliefs sought in this motion. I do not deny the right of the plaintiff to raise and defend the case during the trial, but at this stage, in my view, no case is made out for any ad-interim relief. 6 Notice of Motion is accordingly dismissed. No costs. (ANOOP V. MOHTA, J.)