IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2986 OF 2007 NOTICE OF MOTION NO.2986 OF 2007 NOTICE OF MOTION NO.2986 OF 2007 IN IN IN SUIT NO.2180 OF 2007 SUIT NO.2180 OF 2007 SUIT NO.2180 OF 2007 Ranjini Anand Saralaya ..Plaintiff. V/s. Shantilal Harikishandas Rana ..Defendant. Mr.S.S.Redekar for plaintiff. None for defendant. CORAM : J.P. DEVADHAR, J. CORAM : J.P. DEVADHAR, J. CORAM : J.P. DEVADHAR, J. DATED : 17TH SEPTEMBER, 2008. DATED : 17TH SEPTEMBER, 2008. DATED : 17TH SEPTEMBER, 2008. P.C. :- P.C. :- P.C. :- 1. In a suit for specific performance of agreement of sale dated 4/2/2004, the plaintiff has taken out the present Notice of Motion seeking appointment of Court Receiver and also injunction to restrain the defendant from disposing of, selling and / or transferring and / or encumbering and / or alienating the suit property and or creating any third party rights in the suit property namely land admeasuring 626 sq.yds. bearing C.S.No.1295, Final Plot No.1017, TPS-IV, Mahim Division, situated at - = : 2 : = - Prabhadevi Road, Kakasaheb Gadgil Marg, Khed Galli, Mumbai - 400 025. 2. None appear on behalf of the defendant, though served. 3. In the absence of any reply to the Notice of Motion denying the contents of the affidavit in support of the Notice of Motion, in my view, interest of justice would be met by passing the following order:- a) Subject to the plaintiff depositing the balance amount of consideration amounting to Rs.14,00,000/- (Rupees fourteen lakhs only) in the office of the Prothonotary & Senior Master within 8 weeks from today, interim relief in terms of prayer clause (b) of the Notice of Motion is granted. b) If the plaintiff fails to deposit the amount of Rs.14,00,000/- (Rupees fourteen lakhs only) within the time stipulated above, the order of injunction shall stand vacated automatically without further reference to the Court. - = : 3 : = - c) Interim relief for appointment of Court Receiver is rejected as no case is made out for grant of such relief. However, the plaintiff is at liberty to apply for the said relief if the situation so warrants. 4. Notice of Motion is disposed of in the above terms with no order as to costs. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)