1 nms2763-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2763 OF 2011 IN SUIT NO.2301 OF 2011 WITH SUIT NO.2301 OF 2011 Hiten Tejwani ....Plaintiff V/s. M/s.Chillies Cafe ....Defendant Mr.Mohan Pungaliya with Mr.Neel Pungaliya i/b Mr.Y.N. Adhia for the Plaintiff. Mr.Mohan Bir Singh with Mr.V.M. Singh and Mr.Rahul Jalan i/b MBS & Co. for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 21ST OCTOBER, 2011. P.C. :- 1. By consent the notice of motion and the suit are heard finally and disposed of by the following order :- i). The plaintiff shall be permitted to remove all his material from the suit premises. The same shall be done in the presence of an officer of this Court to be appointed by the Prothonotary & Senior Master who shall visit the premises at 11.00 a.m. on 27.10.2011.The parties advocates shall accompany the officer to the premises. The 2 nms2763-11 costs of the officer shall be shared equally at this stage by the parties but shall be subject to further orders. The officer shall make an inventory of the material that are removed. The report shall indicate the disputes in respect of the items, if any. The officer shall visit the premises at 11.00 a.m. on 27.10.2011 without further notice to the parties. The representatives of each of the parties shall accompany the officer to the site ii). The defendants shall deposit a sum of Rs.30.00 lacs in Court without prejudice to the defendants’ rights and contentions including that the defendant is entitled to adjust the amounts due to the defendant from the same. The plaintiff shall be at liberty to withdraw the amount upon furnishing a bank guarantee of a nationalized bank to the satisfaction of the Prothonotary & Senior Master. The bank guarantee shall be valid till 31.3.2012 and in the event of any proceedings being filed by the defendant by that time for the recovery of the said sum of Rs.30.00 lacs or any part thereof, the guarantee shall remain valid pending the hearing and final disposal of such proceedings. In the event of the suit not being filed by 31.3.2012, the bank guarantee shall stand discharged. The earlier ad-interim orders stand vacated in view of this order and the defendants shall be entitled to deal with the property in 3 nms2763-11 any manner subject to the guarantee being furnished as aforesaid. iv). Refund, if any,as per rules.