JUDGMENT :

ARIF S. DOCTOR, J.

1. The captioned Appeal is not board by consent of Learned Senior Counsel for the parties, the same is taken on board and heard finally.

2. The Appeal impugns an order dated 25th October 2023 by which the Appellant’s Application for interim relief came to be rejected.

3. Before adverting to the rival contentions, it is useful to set out the following brief facts:-

i. The Appellant (Plaintiff in the Suit) has filed the captioned Suit inter alia seeking specific performance of a letter dated 12th August 2021 stated to be a Letter of Intent for the sale of an office premises being Office Premises No.96, Maker Maxity, 3 – North Avenue BKC Mumbai – 400051, Area 5088 sq.ft. alongwith two car parking spaces (“office premises”). It is not in dispute that the letter dated 12th August 2021 was addressed by Respondent No. 2 as a broker to Respondent No.1 as the owner of the office premises and the same was signed by both Respondent No. 1 and 2 only.

ii. Simply put it is a case of the Appellant that the Letter dated 12th August 2021 was a concluded contract for sale of the said office premises, whereas it is the contention of Respondent No.1 that the same was merely a m