1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1013 OF 2007 IN SUIT NO. 756 OF 2007 Rupesh Dilip Shah & Anr. ...Plaintiffs Vs. Nilesh K. Vyas ...Defendant. --- Mr. Pranesh Shah i/b Vimadalal & Co., for the Plaintiffs. None for the Defendant. ---- CORAM : S.J. VAZIFDAR, J. DATED : 26TH AUGUST, 2009. P.C. 1. The suit is filed for specific performance of an agreement dated 01.11.2006 by which the Defendant agreed to sell the suit flat to the Plaintiffs for a total consideration of Rs. 12,65,000/-. A part payment of Rs.86,000/- has been made. 2. The Defendant not having completed the sale, the Plaintiffs by their Advocate’s letter dated 27.01.2007 called upon him to do so. The Defendant by his Advocate’s letter dated 04.02.2007 alleged that the Plaintiffs had been called upon 2 several time to complete the sale, but they refused to do so stating that they had to approach the financial institution for money. The Plaintiffs on the other hand by their Advocate’s letter dated 07.02.2007 stated that the Defendant had refused to complete the transaction as he demanded an additional amount of Rs.2,35,000/- due to increase in price. 3. An affidavit-in-reply has been filed. The learned counsel appearing on behalf of the Plaintiffs, however, states that the Plaintiffs have not been served with the copy of the affidavit- in-reply. The Defendant and his Advocate were absent on the last occasion. They are also absent today. 4. In the circumstances, it would not be fair to the Plaintiffs to take into consideration the amounts stated in the affidavit-in-reply which is filed in court, but not served upon the Plaintiffs. 5. In the circumstances, the Notice of Motion is made absolute in terms of prayer (b).