1 NMS.4397.06-S.3466.06.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4397 OF 2006 IN SUIT NO. 3466 OF 2006 BLA INDUSTRIES PRIVATE LTD & Ors. ...Plaintiffs Vs. BL ORGANICS LIMITED & Ors. ...Defendants Mr. Lalan Gupta i/b. M/s. Dhruve Liladhar & Co for Plaintiff No.1 Mr. Nilesh Masurkar i/b. Tejas Deshpande for Defendants 1 to 5 CORAM : SMT. ROSHAN DALVI, J. DATED : 21ST NOVEMBER, 2011 P.C. : 1. The suit is essentially filed for recovery of Rs.1,57,81,644/- which is along with the interest @ 18% p.a on the principal amount of Rs. 1,05,00,000/-. The Plaintiffs have also applied for specific performance of the suit and for directions to execute documents. However the essential prayer is for recovery of the aforesaid amount. It is seen that the Plaintiffs themselves concede that specific performance may not be granted. 2. The agreement sought to be enforced is in respect of the advance of Rs.1,05,00,000/- to be paid to Allahabad Bank in full and final settlement of their claim. The agreement is for discharge of certain mortgages and charges. The agreement is not clearly shown to be specifically enforceable. The suit claim is, therefore, essentially for recovery of the amount under the agreement. 2 NMS.4397.06-S.3466.06.sxw 3. The Court Receiver is not required to be appointed in respect of the suit property. No affidavit in reply is shown to be filed in the Notice of Motion. The Defendant's Advocate himself has applied for discharge. Consequently, the ad-interim relief in terms of prayer (b) of the Notice of Motion initially granted on 20th December 2006 and thereafter extended till the hearing of the suit on 15th January 2007 is extended till hearing of the suit. 4. Notice of Motion is disposed off accordingly. (SMT. ROSHAN DALVI, J.)