The court entertained a Notice of Motion by defendants seeking a decree for payment, dismissal of the suit against them, and vacation of an injunction. The Single Judge refused to grant any of the reliefs.
The Notice of Motion was disposed of without granting any relief to the moving defendants.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 31 OF 2010
IN
SUIT NO. 2575 OF 2007
M/s.Jay Bhavin Trading Co.Pvt.Ltd....Plaintiff
vs.
Sushil Mohanlal Krishanani & Ors....Defendants
with
NOTICE OF MOTION NO. 32 OF 2010
IN
SUIT NO. 2575 OF 2007
M/s.Tetambe Developers Pvt.Ltd.....Plaintiff
vs.
Sushil Mohanlal Krishanani & Ors....Defendants
Mr.Bhalwal i/b. M/s.Vyas & Bhalwal for the Plaintiff
in both the matters.
Mr.K.A. Suryanarayanan for the Defendant No.16 in
both the matters.
CORAM : V.M. KANADE, J.
DATED : JANUARY 19, 2010
P.C. :-
2
1Heard Counsel for the plaintiff and
defendant no.16.
2This Notice of Motion is taken out by the
defendants no.5 to 7 seeking the following
reliefs :-
a)That this Hon�ble Court be pleased to pass
a Decree directing the Plaintiff to make payment of
a sum of Rs.11,62,231/- to each of the Defendant
Nos.5 to 7 alongwith interest @ 18% p.a. from the
date of passing Order dated 16-10.2009 in Notice of
Motion No.3451/2007 in the above Suit;
b)Without prejudice to prayer clause (a)
above, this Hon�ble Court be pleased to dismiss the
above suit on account of failure on the part of the
plaintiffs to comply with an undertaking given to
this Hon�ble Court at the time of passing Order
dated 16-10-2009 in Notice of Motion No.3451/2007 in
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the above Suit;
c)Pending the hearing and final disposal of
this Notice of Motion, this Hon�ble Court be pleased
to vacate an Order of injunction dated 16-10-2009 in
Notice of Motion No.3451/2007 in the above Suit in
respect of the suit property;
d)Ad-interim relief in terms of prayer clause
(c) above.
e)Costs of and incidental to this Notice of
Motion be provided:
f)Such further and other reliefs be granted
as may be necessary in the facts and circumstances
of this case.
3Suit is filed by the plaintiff for Specific
Performance of Agreement of Sale cum Development
Agreement dated 19th May, 2006. In the said suit,
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the learned Single Judge by his order dated 16th
October, 2009 was pleased to direct the defendants
no.1 to 4 and 8 to 11 restraining them by an order
and injunction from disposing of, alienating,
encumbering or creating third party rights in
respect of their share or interest in the suit
property. No relief has been granted against
defendant Nos.5 to 7 though counter claim has been
filed by the defendant nos.5 to 7. Under the
circumstances, in my view, the defendant nos.5 to 7
would not be entitled to get a decree against the
plaintiff for payment of Rs.11,62,231/- with
interest at the rate of 18% per annum. So far as
prayer clause (b) is concerned, the defendants are
at liberty to take appropriate steps or file a
separate motion, if so advised.
4Motion does not survive and is disposed of.
2 issues framed by the court
whether the defendants are entitled to seek payment and dismissal of the suit as relief in a Notice of Motion
whether to vacate an existing order of injunction pending disposal of the motion
V.M. Kanade
As recorded by the court registry
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