1 nms879-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.879 OF 2010 IN SUIT NO.835 OF 2010 M/s.Sachin Corporation ....Plaintiff V/s. Bharat Kumar D. Doshi ....Defendant Mr.R.S. Ghadge i/b Mr.A.S. Desai for the Plaintiff. Mr.A.S. Khandeparkar i/b Mr.A.K. Karandikar for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 7TH SEPTEMBER, 2011. P.C. :- 1. The suit is filed for a declaration that the plaintiff has validly terminated the agreement for sale dated 24.10.2005. The entire consideration has been paid by the defendant. There is no warrant whatsoever for granting any injunction against the defendant in respect of the suit flat merely on the allegations that the defendant has committed the breach of the agreement for sale. This would be unfair in the extreme to the defendant, who has purchased the flat and paid the entire consideration for the same six years ago. 2. The only allegation against the defendant is that he has changed the user of the flat, as a result whereof, the plaintiff is unable 2 nms879-10 to obtain the occupation certificate in respect of the building. The defendant states that he has not changed the user of the suit premises with commercial use and he further undertakes not to do so without obtaining necessary permission in that regard. The undertaking is accepted. In the event of there being any illegal construction, the plaintiff must adopt appropriate proceedings even assuming that the plaintiff would be entitled to complain about the same. 3. In the circumstances, the notice of motion is dismissed.