1. This Notice of Motion is taken out by the Plaintiff. In the suit the Plaintiff is seeking a decree of specific performance of the Memorandum of Understanding (MOU) dated 22-12-2001 as also of the approved draft agreement, supplemental draft agreement and 3 approved draft declarations and other ancillary reliefs.

2. In this Notice of Motion, the Plaintiff is claiming an order of temporary injunction for protecting the possession of the suit property of the Plaintiff, but it was admitted before me by the Plaintiff that presently the Plaintiff is not in possession of the land, therefore, there is no question of granting any temporary injunction protecting Plaintiff’s possession of the suit property. The Plaintiff is also claiming a temporary injunction restraining the Defendant No.1 by itself and or through other Defendants from dealing with, disposing of, alienating, or encumbering the suit property during the pendency of the suit. The Plaintiff is a company incorporated under the Companies Act. The Defendant No.1 is a partnership firm of which Defendants Nos. 5 to 10 are the partners. Defendants Nos. 5 to 10 are companies incorporated under the Companies Act. According to allegations in the plaint, Defendant No.2 and Defendant No.3 i.e. Madhu Vakharia and Byramjee N. Jeejeebhoy together alongwith their relatives and nominees control the Defendant No.4 which is a Co.operative Housing Society, Defendants Nos.5 to 10 are companies and are partners of the Defendant No.1 as well as Defendant No.11, which is the company incorporated under the Companies Act. According to plaint allegation, the Defendant No.4 Co.operative Housing Society is controlled by Defendants Nos. 2 & 3, their family members and nominees. It is claimed that it has 302 members of which 289 are companies incorporated under the Companies Act and those companies have been floated and incorporated at the instance of the Defendants Nos. 2 & 3. The share holders of the said 289 companies are Defendants Nos. 2 & 3, members of their family and their associates. It is also claimed that out of these 289 companies, share holdings of Defendants Nos. 2 & 3 and their associates in 177 companies have been transferred in favour of the Plaintiff.

3. The suit property is land admeasuring approximately 500 acres, which is described at Exh.A to the plaint. According to plaint allegations, the suit land forms a part of land admeasuring 614 acres, out of which 129 acres is creek. This land is situated at Goregaon (West) at village Pahadi. According to the Plaintiff, the suit land was owned by the company by name M/s.B. Jeejeebhoy Pvt.Ltd. The entire land falls within No Development Zone. By Deed of Conveyance dated 21st May, 1985, Byramjee Jeejeebhoy Pvt.Ltd. transferred the land in favour of the company by name M/s.Pahadi Goregaon Land Development Pvt.Ltd. The said Pahadi Goregaon Land Development Pvt.Ltd. on 17th May, 1988 entered into an agreement agreeing to sell the said and to one M/s.Usha Development Co.operative Housing Society. By Conveyance dated 28-7-1988, M/s.Pahadi Goregaon Land Development Pvt.Ltd. conveyed the land to M/s.Usha Development Co.operative Society Ltd. By an agreement dated 12-7-1988, the said Usha Development Co.operative Housing Society entered into the development agreement with Defendants Nos. 5 to 10 companies. The said Defendants Nos. 5 to 10 who had entered into Development Agreement with Usha Development Co.operative Housing Society, formed a partnership firm i.e. Defendant No.1. Thus the Defendant No.1 got control of the development rights in relation to the land. M/s.Usha Development Co.operative Housing Society under the orders passed by the Asst.Registrar of the Co.operative Societies was divided into four co.operative societies in the year 1991. The four co.operative societies into which Usha Development Co.operative Housing Society was divided in the year 2001 merged into one society, as a result the Defendant No.4 Usha Madhu Develop