1 nms2941.06.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2941 OF 2006 IN SUIT NO. 2406 OF 2006 Mrs. Nafisa Moiz Kachwal ...Plaintiff Vs. Kavita Karande & Anr. ..Defendants. Dr. Birendra Saraf with Nita Solanki for the Applicant-Defendants. None for the Plaintiff/Respondents. CORAM : A.A. SAYED, J. DATE : 22ND MARCH 2011. P.C. 1. The above notice of motion is filed for Court Receiver and injunction. 2. The suit is filed for specific performance of Agreement in respect of the suit gala being industrial gala No. 208-B belonging to defendant No.1 who is proprietor of M/s. G.K. Plast. The plaintiff relies upon certain correspondence entered into between the parties, wherein the suit premises was agreed to be sold for a consideration of Rs. 13,25000/- which amount was to be paid by the plaintiff to the Defendant No.2 Bank with whom the original title documents of the said gala are mortgaged or deposited by the defendant No.1 against certain credit facilities available by the defendant No.1’s proprietary firm M/s. G.K. Plast. A sum of Rs. 25,000/- was also paid by the plaintiff to the defendant No.2 by cheque in pursuance to the 2 nms2941.06.sxw agreement between the parties. 3. An additional affidavit has been filed on behalf of the plaintiff pursuant to the order dated 9th February, 2011 passed by this Court to bring on record the present status of the suit gala. In the said affidavit it is stated that the suit gala as on date stands in the name of defendant No.1 and the suit gala is occupied by one Jitendra B. Jani as licensee. 4. Inspite of service on defendant Nos. 1 and 2 none appears on their behalf. The averments made in the affidavit in support of Notice of Motion remain uncontroverted. The learned Counsel for the plaintiff states that the plaintiff is ready and willing to deposit 50% of the balance consideration amount with this Court to show her bonafides. 5. In the circumstances, the following order is passed : (i) Upon the plaintiff depositing an amount of Rs. 6,50,000/- in this Court within a period of 6 weeks from today, there shall be an interim order restraining the defendants from transferring the suit premises to any 3rd party. (ii) Liberty to the defendants to apply for vacating this order. 6. Notice of motion is disposed of accordingly. ( A.A. SAYED, J. )