SRJ nms-1433-06.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1433 OF 2006 IN SUMMARY SUIT NO.1208 OF 2006 Bharti Tele-ventures Ltd., .. Plaintiff V/s. Suresh N. Ganwani & Anr., .. Defendants And Citibank N.A. .. Respondent. Mr. A.Rehman i/b. D.H.Law Associates, for Plaintiff Ms. Kavita Anchan i/b. M.V.Kini for Defendant No.3. None for Defendant Nos.1 and 2. CORAM : ANOOP V. MOHTA,J. DATE : 26th NOVEMBER,2009. P.C. : 1. This Notice of Motion is taken out by the Plaintiff for interim reliefs against Defendant Nos. 1 and 2, with whom they have entered into leave and licence agreement. The property in question at that time was flat No.A-503, 5th Floor, Harmony Co-operative Housing Society Ltd., Raheja Vihar, Chandivali, Powai, Mumbai 400 072, which Defendant No.3 had already sold by taking proceedings under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. All steps were taken as SRJ nms-1433-06.sxw 2 contemplated under these provisions including section 13 of the Act. The property of the flat was already sold in the year 2006. 2. The dispute with regard to the leave and licence and matter arises out of the same is a subject matter of the Summary Suit. There is no ad-interim relief granted in favour of the Plaintiff till this date, except the order dated 26th August, 2008, which was subsequently by consent quashed and set aside and the matter was called back for re-hearing i.e. the subject of the present Notice of Motion. This also no way sufficient to grant any reliefs in terms of prayer clauses (a), (b), (c) and (d). 3. However, considering the agreement and averments made including leave and licence agreement, I am inclined to grant only prayer clause (e) to the Plaintiff against Defendant Nos.1 and 2. 4. In the result, Notice of Motion is allowed to the above extent only and disposed of accordingly. (ANOOP V. MOHTA, J. )