1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.1519 of 2009 IN Suit No.1009 of 2009 Y. T. Entertainment Ltd. ... Plaintiffs -vs- Mrs Asha Tayade & anr. .. Defendants Rizvi Naser Ali i/b Thakore Jariwala & Associates for the Plaintiff. Savina Bangeria for the defendant No.2. Savina Bangeria i/b Anil Mishra for the Defendant No.1. CORAM: S.C.DHARMADHIKARI J. DATED: 5th December, 2009 P.C. 1. Heard learned counsel for the parties. A request made by the learned counsel for the Defendants to adjourn the matter so as to enable them to file an affidavit in reply is refused. 2. In this suit which is for declaration that the MOU between the Plaintiff and the Defendant has been duly and validly terminated for the repayment of the amount together with interest and for further declaration that the repayment is secured by valid and subsisting charge on the flat particularly described in Annexure B to the plaint. After hearing both sides an ad interim order was made on 18th August, 2009. 3. In my view continuation of that order would serve the ends of justice. That order directs the maintenance of the status quo by parties in relation to the suit flat. 2 4. The request that the Receiver should be appointed cannot be granted. Merely because the Plaintiff claims that MOU is validly terminated and the consideration thereunder is refundable does not mean that the adjudication is over. It is the plaintiff’s claim that it is validly terminated and therefore, the consideration be refunded. However, the suit is yet to be tried. Whether the termination is valid or not, if it is valid, the amount has to be refunded with interest or not and whether there is a charge on the property are the matters which have to be proved at the hearing of the suit. Today plaintiff’s rights are protected by an ad interim order directing maintenance of the status quo in respect of the suit flat. The continuation of such order, therefore, will serve the ends of justice. There is no need to appoint the Court Receiver as prayed. 5. Accordingly the Motion is made absolute in terms of the ad interim order dated 18th August,2009. That order will continue till the hearing and final disposal of the suit. Sd/- (S. C DHARMADHIKARI, J.)