1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1349 OF 2009 IN SUIT NO. 825 OF 2009 Mr. Yogesh Mehta. ... Plaintiff. V/s. M/s. Khandelwal Infotech Ltd. ... Defendants. Mr. S.C. Naidu a/w. Sean Wasoodew for the Plaintiff. Mr. Virag Tulzapurkar, Sr. Counsel a/w. Satish Shetye i/b. Haresh Ganatra for the Defendants. CORAM : S.C. DHARMADHIKARI,J. DATED : 1st SEPTEMBER 2009. P.C. :- This Notice of Motion was heard yesterday and placed for orders today. 2. At the conclusion of the arguments yesterday, time was sought to take instructions by both sides. 3. Accordingly, after taking instructions, Mr. Naidu, learned Counsel appearing for the Plaintiff makes a statement that the Plaintiff shall not claim any relief in terms of prayer clauses (a) to (c) of the plaint, provided the sum of Rs.1,58,00,000/- which has been paid to the Defendants is brought back and deposited in this Court by them. In that event, Mr. Naidu 2 states that the Plaintiff shall pray for reliefs in terms of prayer clauses (d) and (e) of the plaint. 4. Mr. Tulzapurkar, learned Senior Counsel appearing for the Defendants, on instructions, makes a statement that the Defendants are ready and willing to deposit the sum of Rs. 1,58,00,000/- in this Court within such time as is specified by this Court and until the sum is deposited, the Defendants shall not transfer or create any rights in respect of the TDR which is subject matter of the agreement dated 9th September 2006. Mr. Tulzapurkar states that the Defendant would also abide by the consequences in default of deposit and in that event this Court can pass order of injunction restraining the Defendants from transferring the TDR which is subject matter of the agreement till the Suit is heard and disposed off. 5. Accordingly and based on these statements, the following order would serve the ends of justice :- (i) The Defendants shall deposit the sum of Rs. 1,58,00,000/- in this Court within a period of three months from today; (ii) Till the deposit is made, the Defendants are restrained by order and injunction of this Court for transferring the TDR which is subject matter of the agreement dated 9th September 2006 (Exhibit 'D'); 3 (iii) In the event, the Defendant commits default in deposit, then, the above mentioned restraint and injunction order shall continue till hearing and final disposal of the Suit; (iv) The order of injunction shall stand vacated forthwith upon deposit and in that event, the Plaintiff shall not be entitled to any relief in terms of prayer clauses (a) to (c) of the plaint. 6. Needless to clarify that in the event of default, the Plaintiff can claim all reliefs as prayed in the plaint. 7. All contentions of both sides on merits are kept open without prejudice to the respective rights of the parties. 8. In view of the above terms, the Motion stands disposed off. 9. Mr. Naidu, on instructions, makes a statement that on deposit of the amount, all documents including Power of Attorneys, if any, in favour of the Plaintiff, shall be treated as cancelled. (S.C. DHARMADHIKARI,J.)