1. Heard learned Counsel for the parties.

2. These two notices of motion (Notices of Motion Nos.1206 of 2017 and 1207 of 2017) have been taken out in two different suits. There are three companion notices of motion (Notices of Motion Nos.323 of 2017, 1208 of 2017 and 377 of 2017), taken out in three other suits, which are not on board, but which involve the same controversy. These latter motions are mentioned, taken on board and called out by consent, and heard together with the two former motions.

3. All five suits seek specific performance of agreements for sale of flats, respectively, entered into between the Plaintiffs and M/s. Orbit Corporation Ltd. ('Orbit'), who is a developer in respect of certain property, in which these flats are situated. M/s. Axis Bank Ltd. ('Axis Bank') have been arraigned as a party Defendant in all five suits purportedly on the ground that there is a collusive mortgage between Orbit and Axis Bank by which they have sought to defeat the Plaintiffs’ rights. Various reliefs have been sought in these suits not only against Orbit but also against Axis Bank. These five notices of motion have been taken out by Axis Bank purportedly on the footing th