1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.530 OF 2008 IN SUIT NO.435 OF 2008 Mr. Harsh Lambah & Anr. ...Plaintiffs. Vs. Mrs.Monica Sahu & Ors. ...Defendants. .... Mr.Rushabh Shah with Mr.Viiral Rathod i/b. M/s. Shah & Sahghavi for the Plaintiffs. Mr. Uday Blobde i/b. Mr. Y. R. Shah for Defendant Nos.1 and 2. ..... CORAM :DR.D.Y.CHANDRACHUD, J. February 12, 2008. P.C.: At the hearing of the application for ad-interim relief, it has been agreed between Counsel appearing on behalf of the Plaintiffs and Counsel appearing on behalf of the First and Second Defendants on the instructions of their respective clients who are present before the Court that the Notice of Motion may be disposed of in terms of the following directions: (i) Counsel appearing on behalf of the First and Second Defendants states that the the First and Second Defendants shall, on 2 or before 22nd February 2008, deposit with the Prothonotary & Senior Master, an amount of Rs.7,55,000/- comprising of the payment of the earnest money deposit together with interest at the rate of 18% per annum; (ii) Until the aforesaid deposit is effected, the First and Second Defendants agree and undertake not to enter into any transaction with third parties in respect of the premises, more particularly described in Exh.A to the Plaint; (iii) It has been stated on behalf of the First and Second Defendants that at present the First and Second Defendants have no intention to sell, alienate, encumber or part with the possession of the premises more particularly described in Exh.A to the Plaint and that in future, should the First and Second Defendants intend to do so, they shall (i) furnish notice of the pendency of the present suit to any third party with whom a transaction is proposed; (ii) furnish at least 2 weeks' notice to Counsel appearing on behalf of the Plaintiffs so as to enable the Plaintiffs to move the Court for such appropriate relief as 3 they may be advised to pursue; (iv) In the event that the amount as stated in clause (i) is deposited, the Plaintiffs would be at liberty to withdraw the amount without prejudice to their rights and contentions in the suit. (v) The aforesaid order shall be without prejudice to the rights and contentions of the parties to the suit; (vi) At the present stage, no further reliefs have been sought. The Statements which have been made, as aforesaid, are accepted. The Notice of Motion is accordingly disposed of; .....