1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.568 OF 2009 M/s.Rubberwala Developer Private Ltd., ..Appellants V/s M/s.Amar Associates & Ors. ..Respondents ---- Mr. P .K.Dhakephalkar i/by M/s.Shamin & Co. for the appellants. Mr.D.S.Mhaispurkar for respondent no.1. Mr.S.G.Deshmukh for respondent nos.15 to 19. Mr.A.S.Rao for respondent no.27. ---- Coram : R.S.MOHITE,J Date : 13th August, 2009. PC 1 This is an appeal filed by the original plaintiffs against the dismissal of his Notice of Motion seeking interim reliefs. The plaintiffs have filed the suit for specific performance of an oral agreement of development. It is averred by the plaintiffs that the defendants handed over certain documents for the purpose of enabling the plaintiffs to draft a development agreement and power of attorney. The draft development agreement and power of attorney were produced by the plaintiffs but these documents are all un-signed. The plaintiffs therefore, basis their case on an oral agreement which preceeds creation of such draft agreement. As regards the aforesaid oral agreement, I find that the terms are 2 not specified in the plaint, only consideration is mentioned. In such circumstances, it is difficult to hold that the plaintiffs have established a prima facie case of their existing an oral agreement. Hence, Appeal from Order is rejected. 2 As the Appeal has been rejected, the Civil Application No.684 of 2009 does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3