: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4166 OF 2005 IN SUIT NO.2505 OF 2005 WITH NOTICE OF MOTION NO.4167 OF 2005 IN SUIT NO.2504 OF 2005 WITH NOTICE OF MOTION NO.4175 OF 2005 IN SUIT NO.2506 OF 2005 WITH NOTICE OF MOTION NO.1014 OF 2006 IN SUIT NO.2503 OF 2005 WITH NOTICE OF MOTION NO.1015 OF 2006 IN SUIT NO.2507 OF 2005 The Master Clock & Watch Works Pvt.Ltd. ...Plaintiff V/s. Nitin N. Mehta & Ors. ...Defendants Mr.N.S. Parab i/b Mr.Kantilal M. Mehta for the Plaintiff. Mr.R.S. Mishra for Defendant No.1. CORAM : S.J. VAZIFDAR, J. DATED : 25TH JANUARY, 2008. P.C. : : 2 : 1. The above suits have been filed for specific performance of the agreements whereby Defendant No.1 allegedly agreed to sell the flats to the Plaintiffs for the consideration and on the terms and conditions mentioned therein. 2. The facts in the above suits are similar. The Notices of Motion may therefore be disposed of by a common order and judgment. 3. Mr.Mishra, the learned counsel appearing on behalf of Defendant No.1, the builder states that the matter was in fact settled and adjusted between the parties and that the consent terms were to be filed. Both the counsel however, do not have any instructions as on date. 4. Admittedly, the payments referred to in each of the agreements, were made by way of an adjustment from the amounts between the parties. The only question is whether the agreements were entered into merely as arrangement for security or they were genuine sale transactions. Defendant No.1 further states that in each of the suits, the flats have in turn been sold to Defendant No.2 in each of the suits. : 3 : The Plaintiff in turn states that pursuant to the authority granted by Defendant No.1, the Plaintiff had mortgaged each of the flats in favour of Mandvi Co-operative Bank Ltd. which is Defendant No.3 or Defendant No.4 in the above suits. 5. The purchasers i.e. Defendant No.2/and/or Defendant No.3 have not appeared. I do not intend concluding any of the parties at this stage by this order in view of the fact that it is stated that in fact the matter is to be settled. However, in view of the mortgage created in favour of the bank at this stage in any event it would be difficult for the subsequent purchaser to create any further third party rights. Defendant No.1 states that he cannot and does not desire to create any further rights in respect of the said flats himself. 6. In the circumstances, all the above Notices of Motion are made absolute in terms of prayer (b). The parties however, are at liberty to apply to the Court in the event of their desiring to sell or otherwise encumber the said flats. If such an application is made, the Defendants shall be entitled to rely upon any other facts which may not have formed part of the record at present.