- 1 - nm514.257 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 514 OF 2009 in SUIT NO. 257 OF 2009 Rajan Bapu Bhalekar .. Plaintiff vs Prakash Bapu Bhalekar & anr .. Defendants Mr.O.P.Pandey i.b.Pandey & Co.for Plaintiff Mr.P.G.Sawant for Defendants CORAM: S.C.DHARMADHIKARI, J DATE: 6th September, 2010 P.C. 1. Heard both sides. The dispute is between brothers over a property left by the father who expired in 2001. It is stated that after the death of the father, on account of on-going disputes, MOU/Family Settlement was executed in writing on 15th October, 2004 copy of which is annexed as Annexure C to the plaint. Since that also has not been abided by, according to the plaintiff, he was compelled to institute a suit claiming his 1/3rd share in the estate of the deceased and particularly the Milk Diary Business being carried on at Santacruz (East) Mumbai. - 2 - nm514.257 2. My attention is invited by Mr.Pandey for the plaintiff to an order dated 30th March, 2009 passed by this court wherein in the presence of the defendant’s advocate the court recorded that this family settlement has been admitted by both sides. Therefore, the court directed the defendant to pay Rs.750/- per day from 30th March, 2009 as share in the profit and granted injunction so as to restrain the defendant from creating third party rights in the Estate and the business. 3. It is agreed by both the sides that this is a fit case wherein the matter must be referred to Mediation/Arbitration. However, Mr.Pandey submits that unless and until compliance is made with this court’s order, the matter should not be referred to arbitration. 4. Mr.Sawant appearing on behalf of the defendants prays for time so as to enable them to show their bonafides and comply with the order of this court dated 30th March,2009. He states that the amount as directed under this court’s order will be deposited within a period of four weeks from today. - 3 - nm514.257 5. In the light of this fact, following order would meet the ends of justice: 1) The defendant shall pay the money as directed vide this court’s order dated 30th March, 2009. The arrears should be cleared within a period of one month from today. Further deposit shall be made on 10th day of each succeeding month. 2) In the event the defendant defaulting in making payment of the arrears within a period of one month from today, Court Receiver, High Court, Bombay shall stand appointed as receiver of the shop and business conducted therefrom and thereafter he would invite bids from parties so as to conduct the said business. Motion is made absolute in these terms. No order as to costs. S.C.Dharmadhikari, J - 4 - nm514.257 - 5 - nm514.257