1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4038 OF 2008 IN SUIT NO. 3140 OF 2008 Mahesh V. Chandwani ....Plaintiff Versus K. Mani Naidu ....Defendant Mr. R. D. Soni a/w. Mr. J. M. Patil for Plaintiff. Mr. S. V. Rajeshwar for Defendant. CORAM : R. V. MORE, J. DATE : 23RD NOVEMBER, 2009. P.C. : Heard, learned Counsel for the respective parties. 2. The Plaintiff has taken out this notice of motion in the suit filed for specific performance of an agreement dated 11th September, 2007. It is the case of the Plaintiff that out of an amount of total consideration of Rs.40,00,000/-, an amount of Rs.35,00,000/- is already paid to the Defendant. On the contrary, Defendant's case is that he has not received a single pie and the cheques which is alleged to have been given to the Defendant are bearer cheques and the amount is withdrawn by the Plaintiff, himself. The Defendant also disputes that he has executed an agreement. At page 52 of the plaint, is the receipt and at page 53 of the plaint is a list of the cheques allegedly given by the Plaintiff to the Defendant. 2 3. The dispute is about a flat bearing no.801-A in the building known as “Patil Heritage”. The learned Counsel for the Defendant submits that the above said building was already in existence upto 6th floor. Since more FSI was available, the original owners gave development rights for construction of 7 to 16 floors in this building. He further submits that there is a dispute between some of the co-owners and the Defendant, and even a suit is filed in the High Court. He submits that the construction as on today is not even started. 4. In the above circumstances, the learned Counsel for the Defendant after taking instructions from his client, who is present in the Court, makes a statement that the Defendant will not transfer, alienate or create third party interest in the suit flat proposed to be constructed on 8th floor of the building without leave of the Court. The statement is accepted. 5. In view of the statement made by the Defendant, Mr. Soni, learned Counsel for the Plaintiff submits that rights of the Plaintiff is protected and therefore, he does not want to pursue the present notice of motion. The notice of motion is accordingly, disposed of. Sd/- (R. V. MORE, J.)