: 1 : nms-4647-07=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4647 OF 2007 IN SUIT NO.3293 OF 2007 Swadeshi Marketing & Retail Trading Co. (I) Pvt. Ltd. & Ors. .. Plaintiffs v/s. Rangnath Anant Haridas .. Defendant ......... Ms. Usha Rahi i/by M/s. Mayur Narendra & Co. for the plaintiffs Mr. P.G. Lad for the defendant ......... CORAM : R.Y.GANOO, J. DATE : 6th SEPTEMBER,2010. P.C. : 1. Affidavit-in-reply is filed by the defendant. Heard learned Counsel on both sides. By agreement dated 21st June, 2005, Defendant is said to have agreed to sell unit no.17 and unit no.18 to the plaintiffs. Across the bar, Counsel for the defendant conceded that possession in regard to unit no.17 has been given. Hence, dispute or the motion survives so far as unit no.18 is concerned. By this motion, plaintiffs want an order of injunction restraining defendants from creating third party rights in regard to unit no.18 and for Receiver. : 2 : nms-4647-07=.sxw 2. Learned Counsel for defendant upon instructions makes a statement that in the absence of FSI, defendant has not been able to construct unit no.18. If this is the position, there is no need to appoint the Court Receiver and there is no question of grant of any injunction. Today, an order can be passed by which defendant can be directed to inform the plaintiffs, if in future he secures FSI so that the plaintiffs may come to the Court for appropriate reliefs on the basis of facts then prevailing. This information will have to be provided by defendant to the plaintiffs and their advocate within a period of one week from securing the FSI. All questions raised in the present motion are kept open. For the reasons mentioned aforesaid, following order is passed to dispose of the motion. ORDER (i) Statement made by Counsel for the defendant that as of today defendant has not been able to secure FSI for construction of unit no.18 is accepted. (ii) Similarly statement made by Counsel for the defendant that unit no.18 is not constructed, is accepted. It is hereby ordered that if in future defendant secures sufficient FSI to construct unit no.18, within one week from securing the orders of FSI, he shall inform : 3 : nms-4647-07=.sxw the plaintiffs and their advocates about securing of such additional FSI. (iii) On learning all this information, it will be open for the plaintiffs to move the Court for appropriate reliefs including the reliefs which are sought in this motion. Merits of the matter are left open. There shall be no order as to costs. (iv) Defendant has filed written statement. Suit is of 2007. (v) Suit to come up in usual course. (R.Y.GANOO, J.)