1 NMS1973.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1973 OF 2010 IN SUIT NO. 1951 OF 2006 M/s. Devleela Developers & Anr. ... Plaintiffs. V/s. Raju Chunilal Varma & Anr. ... Defendants. Mr. Piyush Shah for the Plaintiffs. Mr. A.S. Gaikwad for the Defendants. CORAM : R.Y. GANOO, J. DATED : 5th JANUARY 2011. P.C. :- Not on Board. By consent, taken on Board. The Defendants in the present Suit are in possession of the Suit premises. This Motion is taken out by the Defendants seeking modification of the order dated 2nd August 2006 by which the Defendants are directed to make payment to the Plaintiffs towards the bills raised by the Co-operative Society in which the Suit flat is situated. 2. The Court is informed that the Co-operative Society is duly registered and is recovering monthly dues from the members as they fall due and payable. 2 NMS1973.10.sxw 3. After having heard learned Counsels on both sides, I am inclined to observe that an arrangement can be arrived at viz. present Plaintiffs will make the bill raised by the Society in favour of the Plaintiffs available to the Defendants. The Defendants shall make the payment to the Plaintiffs in respect of the said bill and the Plaintiffs shall make the payment to the Society so that the dues of the Society are paid in time from time to time. In so far as the aforesaid arrangement is concerned, the learned Counsel for the Plaintiffs, upon instructions, undertook to this Court that as and when monies are received from the Defendants, the Plaintiffs shall arrange to pay to the Society within a short period of seven days or so. Undertaking given by the Counsel for the Plaintiffs is accepted and following order is passed to dispose of this Notice of Motion :- (i) Statement made by the learned Counsel for the Plaintiffs that as of today all the dues of the Society are paid is accepted. Said statement is also confirmed by the learned Counsel for the Defendants. (ii) In future, as and when the Society raises a bill in regard to the Suit premises, a copy of the bill will be made available to the Defendants. The Defendants shall make the payment in respect of the said bill to the Plaintiffs within a period of seven days. 3 NMS1973.10.sxw (iii) Upon receipt of the monies, the Plaintiffs shall arrange to pay the said amount to the Co- operative Society. The Plaintiffs shall issue their receipt for having received the said amount. As and when monies are paid to the Society and the Society issues a receipt for the said payment, the Plaintiffs shall forward to the Defendants a true xerox copy of the said receipt for keeping accounts by the Defendants. Undertaking given by the learned Counsel for the Plaintiffs on behalf of the Plaintiffs that as and when monies are paid by the Defendants towards the bills raised by the Society, the Plaintiffs shall within 7 days from the receipt of the said amount pay the monies to the Society. Undertaking is accepted. It is clarified that payment of the monthly dues paid by the Defendants to the Plaintiffs itself will not confer any additional rights than the one which were held by him. This arrangement is only to see that the Society dues do not remain outstanding. Payment of monies by the Defendants as above shall not confer any rights so far as the present dispute is concerned. 4. Learned Counsel for the Defendants stated that in the affidavit in reply to this Motion, the Plaintiffs have set out certain averments which according to him the admission as 4 NMS1973.10.sxw regards the Plaintiffs having received full consideration for which flat was agreed to be sold to the Defendants. He therefore sought liberty to file proper proceedings for the purposes of getting appropriate reliefs from the Court against the Plaintiffs for the purposes of perfecting his title in respect of Suit flat. Such a liberty is granted. However, grant of such liberty shall be subject to law of limitation. The Motion stands disposed of with no order as to costs. (R.Y. GANOO, J.)