1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3455 OF 2006 IN SUIT NO.2850 of 2006 Noor Alam R.Ansari. ...Plaintiff. Vs. Shakeel Ahmed Khan and ors. ...Defendants. Mr.B.B. Parekh with S.M.Ashfaq for the plaintiff. Mr.S.P.Srivastav for the Defendants. CORAM : R.S.MOHITE, J. DATE : 26TH JUNE, 2009 P.C. 1. This is a notice of motion for appointment of Court Receiver and also for injunction restraining the defendants from alienating, selling, transferring and/or creating any third party right or interest in the suit property which is a room bearing No.410 in Chawl No.26, Bharat Nagar, Bandra (E), Mumbai-51. 2. It is the case of the plaintiff that the 2 defendants agreed to sell the suit property under an agreement of sale dated 25.5.2005 for an amount of Rs.9.50 lacs. The documentary evidence shows that an amount of Rs.3.00 was paid as earnest money. The plaintiff further paid an amount of Rs. 1.50 lacs on 25.5.2005 and obtained a receipt at the foot of the agreement dated 25.5.2005. Under the agreement of sale dated 25.5.2005, the possession was to be handed over by the defendants to the plaintiff on 30.9.2005. Since the defendants could not do this, the parties entered into second agreement dated 24.10.2005 deferring the date of receiving possession till 31.3.2006 under the conditions mentioned in the said agreement. On 1.4.2006, the plaintiff paid to the defendants further amount of Rs.1.50 lacs and the defendants executed a receipt in favour of the plaintiff. The parties entered into third agreement deferring the date of possession to 31.5.2006. Since, in spite of these agreements the possession was not handed over and conveyance was not executed, on 6.9.2006 the 3 plaintiff issued a notice to the defendants placing on record the aforesaid facts stating that he was ready and willing to make the payment of balance amount after adjusting the interest as contemplated by various agreements and calling the defendants to handover the possession. 3. The defendants replied that notice vide letter dated 15.9.2006 admitting the various agreements and the receipts of payments there under. 4. Since there was no compliance, the plaintiff has filed the present suit for specific performance. It is seen that the defendants have filed reply and for the first time contended therein that they have received the amount from the plaintiff as a friendly loan and that the suit agreements were executed as a security. It is clear that the stand taken by the defendants that they have obtained the friendly loan was not raised when the defendant replied the plaintiff s notice appears to be an after thought. In the aforesaid 4 circumstances, I am inclined to grant relief of injunction as sought for by the plaintiff. Notice of motion is therefore made absolute in terms of prayer clause (a) and stands disposed off. (R.S.MOHITE, J.)