1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.1785 of 2008 IN Suit No.1463 of 2008 Bhakti N. Vira .. .. Plaintiff v/s. Smt.Sheela Vishwanath & anr. .. Defendants Mr.J.S. Kini i/by Himjal Haria for Plff. Ms.Usha Peri i/by Mr.Mihir Desai for Defts. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 9th July, 2010 P.C. : 1.The suit is for specific performance of an oral agreement to sell a residential flat. The agreement is stated to have been entered into on 9.7.2007. An earnest amount of Rs.11,000/- is paid. A No Objection Certificate of the Society has been issued prior to the agreement. 2.The suit flat stood in the name of the father of the original Defendant. The original Defendant was nominated by his father in respect of the suit flat. The brother of the original Defendant, who is the other heir of the father, has given his No Objection for the 2 flat being transferred to the name of the original Defendant. The share certificate duly transferred stands in the name of the original Defendant. It is for the Plaintiff to pay the consideration. The consideration is not paid. 3.In fact, the Plaintiff states that the brother of the original Defendant again objected for the sale of the flat. Such an objection is incomprehensible. Such an objection is not shown in writing. The consideration amount is, in fact, not paid since July 2007 when the agreement was entered into. 4.Advocate for the Defendants had since 27.8.2007 called upon the Plaintiff to complete the transaction by making payment of the balance consideration. Hence, further objections appear to be an excuse to delay the payment of consideration. 5.Consequently, no case for grant of injunction or appointment of Court Receiver is made out. 6.The Notice of Motion is dismissed. (SMT.ROSHAN DALVI, J.)