Order 1

Order Details: Notice of Motion
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MHCC010030902020
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO.1092 OF 2020
IN
COMMERCIAL SUIT NO. 395 OF 2020
Ravindra Singh )….Applicant/Plaintiff
In the Matter Between
Ravindra Singh )...Plaintiff
V/s.
1. M/s. Srushti Raj Enterprises & Ors. )...Defendants.
Appearance:-
Ld. advocate Mr. Aditya Pratap for plaintiff.
None for defendants.
CORAM: HIS HONOUR JUDGE
SHRI R.V. KOKARE
DATE : 17/03/2020(C.R.No.31)
ORDER
This is a notice of motion taken out by the plaintiff for
temporarily restraining to the defendants from creating third party
interest in respect of suit flats. The defendants are duly served but they
are not appeared. Heard the learned counsel on behalf of the plaintiff.
Perused the record.
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2. The learned counsel on behalf of the plaintiff has submitted that
the plaintiff entered an agreement with the defendants for purchase of
suit flat i.e. Flat no. 801, 'B' wing , 8th floor, Building No. 93, Chembur,
Mumbai, which is described in plaint para no.1 for total consideration
of Rs.62,00,000/-. Out of which the plaintiff had been given total
amount of Rs.28,00,000/- to the defendants on the date of agreement
i.e. on 15/07/2011. Thereafter, the defendants offered to give Flat No.
1502, 'B' wing, Building No. 105, Chembur, Mumbai instead of Flat No.
801 on the same consideration i.e. amount of Rs. 62,00,000/-. The
defendants are failed to execute registered Sale Deed, either in respect
of Flat no. 801 or Flat no.1502. The defendants are going to alienate
these two flats and create third party interest. Therefore, the defendants
be temporarily restrained from creating third party interest in Flat Nos.
801 and Flat No.1502.
3. On perusal of the documents produced by the plaintiff, it appears
to me that the plaintiff has produced documents i.e. total payment of
Rs.28,00,000/- in respect of Flat no. 801. There is no document
produced on behalf of the plaintiff as to show that the defendants
agreed to sale Flat No. 1502 for total consideration of Rs. 62,00,000/-
instead of Flat No. 801. If the defendants create third party interest,
then the very purpose of filing of the suit will be infructous. The
plaintiff made out prima facie case in respect of Flat no. 801 and not
Flat No.1502. Therefore, I have proceed to pass following order.
ORDER
1. Ad interim injunction application is hereby allowed.
2. The defendants are hereby temporarily restrained from creating third
party interest in Suit Flat bearing Flat no. 801 only till filing of reply by
the defendants.
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3. The plaintiff shall directed to comply Order 39, Rule 3 of Code of
Civil Procedure.
(R.V.Kokare)
Judge,
Date : 17/03/2020 City Civil Court, Gr. Bombay.
Directly dictated on: 17/03/2020
Signed by HHJ:17/03/2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
18/03/2020 2.30p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V. Kokare(CR No.31)
Date of Pronouncement of
Judgment/Order
17/03/2020
Judgment/order signed by P.O on 17/03/2020
Judgment/order uploaded on 18/03/2020
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