1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 887 OF 2010 IN SUIT NO. 2202 OF 2008 Gul Pribhdas Jhangiani ...Plaintiff Vs. Shobha Pribhdas Jhangiani & Ors. ...Defendants Mr.Kishor V. Tambe, Advocate for the Plaintiff Mr. D.A.Athavale, Advocate for the Defendants CORAM : SMT. ROSHAN DALVI, J. DATED : 5TH APRIL, 2010 P.C. : 1. The Plaintiff is the son of the Defendant No.1. The Plaintiff claims that the suit flat is transferred by the Defendant No.1 to the Plaintiff for consideration. The Defendant No.1 claims that she has only received a small part of the consideration. The transfer has to be effected by the Society where the flat is situated. The Society has stated to the Defendant in their letter dated 27th March 2010 that the Suit flat would not be transferred to the name of the Plaintiff until the Defendant No.1 submits 2 the second duplicate Share Certificate which was issued to her on 18th April 2006. The second duplicate Share Certificate is in the possession of the Defendant No.1. 2. No party shall transfer, deal with, dispose off, alienate, encumber, part with possession, transfer or create any 3rd party rights in the suit flat pending the Suit. 3. The Notice of Motion is disposed off accordingly. 4. Written Statement of the Defendant is filed. I S S U E S 1. Whether the Defendant No.1 received the full consideration of Rs. 20 lakhs from the Plaintiff under the agreement dated 5th March 2007, Exhibit-E to the plaint. 2. What relief, if any, is the Plaintiff entitled to? 5. The Plaintiff shall file his affidavit in examination-in-chief within 4 weeks from today. 6. Suit is adjourned to 5th May 2010 for considering the admissibility of the Plaintiff’s documents. (SMT. ROSHAN DALVI, J.)