1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3733 OF 2007 IN SUIT NO.2753 OF 2007 Pratik Patil ....Plaintiff V/s. Saikrupa Associates & Anr ....Defendants Mr.Kishore V Tembe, for the Plaintiff. None for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 16TH NOVEMBER, 2009. P.C. :- 1. This Notice of Motion is for the usual interim reliefs in a suit for specific performance of an agreement by which the Defendant agreed to sell a flat to the Plaintiff. The execution of the agreement dated 30th December, 2005 is not denied. The total consideration was Rs.l0,05,000/-. The plaintiff had paid a sum of Rs.4,01,000/- which was accepted by the Defendants. Thereafter the Plaintiff did not make payment as per agreement contending that there was an oral agreement between the parties and the Plaintiff’s father whereby the fees of the Plaintiff’s father who was the Architect of the project, were to be adjusted against the balance consideration. 2 2. Under the agreement and in particular, clause 4 thereof, the Defendant was entitled to terminate the agreement in case of a breach only upon serving the Plaintiff l5 days prior notice in writing of the intention to terminate. Instead of serving such notice, the Defendant terminated the agreement by a letter dated 30th August, 2007. The Plaintiff thereupon tendered a Pay order for the balance consideration of Rs.6,23,500/- to the Defendant. The Defendant, however, rejected the tender and maintained the termination. 3. Prima facie the termination appears to be wrongful and in breach of the provisions of clause No.4 of the said agreement as it was without giving prior notice of 15 days in writing of the intention to terminate the agreement. 4. In the circumstances the Notice of Motion is made absolute in terms of prayer (c) except the words, “from dealing with”.