-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of motion no. 1518 of 2006 in Suit no. 1254 of 1995 Chetnarayansingh Sitaramsingh : Plaintiff v/s Vijay B. Sharma : Defendant Mr. Anil D. Yadav i/b A.C. Singh for plaintiff None for defendant Coram : S.J. Kathawalla, J. Date : 14.11.2008 P.C. 1. The above suit is filed by the plaintiff for specific performance of the agreement dt. 4.7.1994 which is at Ex. B to the plaint. It is the plaintiff’s case that the defendant had agreed to sell the suit property to the plaintiff for consideration of Rs. 3,50,000/- out of which the plaintiff has paid a sum of Rs. 50,000/- to the defendant upon execution of the agreement. The plaintiffs took out a notice of motion being no. 1060/95 in the above suit seeking ad-interim and interim reliefs. At the time of final hearing of the plaintiff’s notice of motion it was submitted on behalf of the defendants that the amount of Rs.50,000/- paid by the plaintiff to the defendant was towards friendly loan and it was never the -2- intention of the defendant to sell the suit property to the plaintiff. However the submission of the defendant was not accepted by this court and by an order dated 7.4.1997 pending the hearing and final disposal of the suit, the defendant was restrained from transferring, selling, alienating, encumbering, disposing of or parting with possession of the suit land and carrying of any construction thereupon or inducting any third party therein. The defendant has not preferred any appeal from the said order of this Court dated 7th April, 1997. 2 Thereafter this notice of motion is taken out by the defendant seeking orders and directions against the plaintiff to accept a sum of Rs. 50,000/- towards re payment of a loan amount along with interest and in the alternative to allow the defendant to deposit the said amount in this court and for orders that the agreement for sale dated 4.7.1994 between the plaintiff and defendant be treated as cancelled or revoked with immediate effect. The defendant has in this motion also sought quashing of the interim order of injunction passed by this court on 7.4.1997 in the plaintiff’s notice of motion no. 1060/1995. The Defendant has also sought dismissal of the plaintiffs suit with compensatory cost upon him being allowed to -3- pay or deposit said amount of Rs. 50,000/-. 3. The defendant has remained absent on 17.10.2008 when this Notice of Motion came up for hearing. However, as a last chance the same was adjourned on that day. Today when this notice of motion once again came up for hearing the defendant is absent. In any event even on merits the defendant cannot be granted reliefs sought by him in the present motion because after considering his submission that the amount of Rs. 50,000/- was paid by him to the plaintiff as a friendly loan, this court has passed restrint orders against the defendant on 7.4.1997. No appeal was preferred therefrom by the defendant. The reliefs now sought by the defendant therefore cannot be granted. Notice of motion is dismissed with costs. (S.J. Kathawalla,J.)