1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.221 OF 2009 IN NOTICE OF MOTION NO.314 OF 2009 IN SUIT NO.3438 OF 2008 Sunil Mantri, Karta of Sunil Mantri HUF & Anr. ....Appellants V/s. Nemichand L. Shah & Ors. ....Respondents Mr.Janak Dwarkadas, Senior Counsel with Mr.Naushad Engineer, Mr.Sharan Jagtianiand Mr.Mayuresh Borkar i/b DSK Legal for the Appellants. Mr.S.U. Kamdar, Senior Counsel with Mr.Gaurav Joshi, Ms.Heena Chheda and Mr.Avdut Prabhu i/b Hariani & Co. for the Respondents. CORAM : B.H. MARLAPALLE & S.J. VAZIFDAR, JJ. DATE : 7TH JULY, 2009. P.C. : 1. We have heard Mr.Dwarkadas, the learned Senior Counsel for the Appellants. Mr.Kamdar, the learned Senior Counsel appears for the Respondents. The Appellants filed a suit being Suit No.3438 of 2008 for specific performance of the alleged oral agreement concluded in December, 2007 in respect of the suit property set out in Schedule “A” to the plaint and prayed for appointment of the Court Receiver as well as for injunction 2 restraining the Defendants from creating any third party interest in the suit property. Ad-interim relief for appointment of the Court Receiver was also prayed for and by the impugned order dated 24.2.2009 prayer for ad-interim relief was turned down and the Notice of Motion was directed to be listed for final hearing in due course. 2. We have heard Mr.Dwarkadas at length and perused the impugned order. We are satisfied that no case has been made out to reconsider the impugned order and hence the Appeal fails especially when prima-facie it appears that there was no concluded contract between the parties. 3. Hence the Appeal is dismissed. (S.J.VAZIFDAR, J.) (B.H.MARLAPALLE, J.)