IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2579 OF 2006 IN SUIT NO.2216 OF 2006 Rosswin Pharmaceuticals Pvt Ltd. ..Plaintiff Vs. Mehul Zaveri & Anr. ..Defendants Mr. Melvyn Fernandes i/b Rajani Associates for the Plaintiff Mr. Ashoo Shefe i/b M/s. Khaitan & Jaykar for Defendants Coram: Smt. Roshan Dalvi, J Date : 10th June, 2009 P.C. 1. The Suit has been filed for claiming rights in respect of shares of Defendant No.2 agreed to be purchased by the Plaintiff upon advance purchase price of Rs.25 lacs being paid by the Plaintiff to Defendant No.1 on behalf of Defendant No.2. The receipt of the advance purchase price is expressly admitted in the letter dated 06.06.2005. Consequent upon the amount for the shares being received the Plaintiff is entitled to the shares and failing which at least to protection in respect of the shares or the share price. 2. Defendant No.1 has refunded Rs.10 lacs by cheque dated 08.04.2006 to the Plaintiff. The remainder of Rs.15 lacs is not refunded. The averments in paragraph 4.7 of the Plaint shows that the Defendants have claimed the said amount as expenses. Such claim cannot be accepted. The Plaintiff deserves protection in respect of the amount paid. 3. Hence the following order: (a) Defendants shall deposit Rs.15 lacs in court within 8 weeks from today. (b) Defendants shall not transfer or otherwise deal with the shares worth Rs.15 lacs of Defendant No.2 company, pending such deposit and pending further order. (c) Notice of Motion disposed of accordingly. (Smt. Roshan Dalvi,J)