*1* nms.1998.09 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1998 OF 2009 IN SUIT NO.1320 OF 2009 Ravi Ramula Sadamastula. ..Plaintiff -Versus- Adumber Construction Company and another. ..Defendants .......... Trushar Bhavsar a/w Viral D. Shukla i/b Shukla and Associates, for the Plaintiff. A.S.Kamath a/w Ashok Purohit i/b A.Purohit & Company, for the Defendant Nos.1 and 2. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 21st October, 2010. P.C. 1 This is Notice of Motion in a suit for specific performance of the agreement for sale of flat more particularly described in the agreement and the schedule annexed at Exhibit-A to the plaint. 2 The agreement for sale is dated 22.06.2005. The consideration for the flat is Rs.15,95,000/-. The Plaintiff has paid a sum of Rs.3,95,000/- and has stated that he has arranged a loan for the balance sum. The Bank statement has been produced but the case in the plaint is that the possession was to be handed over on 30.11.2006 but the development activities at site were slow and later on it was noticed that the Defendant No.1 has handed over the rights of development to the Defendant No.2. The board of Defendant No.2 was put up at site. Prior thereto the construction work was stopped completely. It is in such circumstances, the Plaintiff did not pay the balance sum, however, the Bank was ready and willing to disburse the sums directly as per the Plaintiff's request. 3 In such circumstances and apprehending that the flat would *2* nms.1998.09 be now dealt with, the Plaintiff claims interim reliefs. Reference is made to the correspondence in the plaint and it is stated that none of the letters have been replied. The affidavit in support of the Notice of Motion has been filed in which same averments have been reiterated. 4 Despite time being granted from 16.07.2009 to file affidavit in reply, there is nothing on record. 5 When the matter was argued for sometime on the last occasion, it was placed today to explore possibility of amicable settlement. Although the Plaintiff is willing to pay reasonable escalated price, it is not possible to amicably resolve the matter. It is stated that the statement recorded by this Court that the Defendants shall not create any third party right in the suit property, may be continued. 6 Having perused the plaint and annexures thereto, so also, the affidavit in support of the Notice of Motion, I am satisfied that a prima facie case is made out for grant of interim injunction. 7 Mr.Bhavsar submits that the construction is completed and the Plaintiff is ready and willing to pay the balance sum by arranging the bank loan, therefore, he be put in possession of the flat as an agent of the Court Receiver. However, it is not possible to accept this submission because the Court is yet to ascertain as to whether keeping the amount ready with the banker and obtaining a letter to that effect or sanction to the amount of loan, is by itself enough to prove readiness and willingness to perform the obligations under the contract. 8 In such circumstances and when the balance of convenience is in favour of the Plaintiff to the extent of interim injunction, this Notice of Motion is made absolute in terms of prayer clause (b) except the words "from dealing with". (S.C. Dharmadhikari, J)