1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3267 OF 2009 IN SUIT NO. 2205 OF 2009 Mohan Khanchandani. ... Plaintiff. V/s. Sanjeev R. Malhotra & Ors. ... Defendants. Mr. B.S. Nayak for the Plaintiff. Mr. Bharat Vaishnawa i/b. Bharat Vaishnawa & Co. for the Defendants. CORAM : S.C. DHARMADHIKARI,J. DATED : 6th NOVEMBER 2009. P.C. :- Considering the fact that the Suit is filed for specific performance despite urging that the First Defendant had put the Plaintiff in possession of the immovable property pursuant to an agreement for sale, there cannot be any interim injunction much less in the terms prayed. More so, when on the own showing of the Plaintiffs, the Suit agreement is not signed by the Vendor/Defendant No.1. Although, reliance is placed upon the Power of Attorney and the possession receipt, it is not the case of the Plaintiff that the Agreement is acted upon, the property is transferred and conveyed, therefore, he is a owner of the Suit property and has been put in possession as such. The Plaintiff claims specific performance of an agreement for sale executed in December 2007 and in the 2 alternative, refund of the amount paid under the same. Since there is a dispute with regard to the execution of the Suit agreement and the version of the Plaintiff himself being doubtful, no interim reliefs can be granted in favour of the Plaintiff. He has failed to make out a prima-facie case. Even the balance of convenience is not in favour of the Plaintiff as Defendant Nos.1 and 2 are stated to have parted with possession of the suit property in favour of Defendant No.3. 2. Under these circumstances, the Notice of Motion is without any merit and is accordingly dismissed. However, all observations and findings are tentative and prima-facie and shall not influence the final decision in the Suit. The Plaintiff can always seek refund of the earnest and other amount in the alternative and even that relief will not be affected by the observations made in this order. (S.C. DHARMADHIKARI,J.)