-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3309 OF 2009 IN SUIT NO. 193 OF 2005. M/s. Sonal Corporation & Ors. ..Plaintiffs. Versus Sharjil Builders Ltd & Ors. ..Defendants. Ms. Armin Wandrewala i/b M/s. Pravin Mehta & Mithi & Co., for the plaintiffs. Mr. D. S. Sakhalkar for the defendant no. 12 / applicant. Ms. S. P. Trivedi i/b M/s. A. Bharat & Co., for defendant nos. 1 & 2. Mrs. R. S. Gulekar, section officer of the Court Receiver Office is present. Coram : R. V. MORE, J. Date : January 25, 2010. P. C. : 1. Heard learned counsel appearing on behalf of the respective parties. This notice of motion is taken out by the defendant no.12 to permit access to their electricity sub-station/receiving station. The suit is filed under the provisions of section 6 of the Specific Relief Act for possession of the suit property. This Court appointed Court Receiver, High Court, Bombay as a Receiver on the suit property and the plaintiffs are appointed as agents of the Court Receiver. 2. The plaintiffs as well as the defendants have no objection for grant of prayer clause(a) of the notice of motion. Learned counsel for the plaintiffs, however, submits that the plaintiffs be permitted to remove the rubbles and repair the Gate of the suit property. This was not objected by -: 2 :- the learned counsel for the defendants. However, the learned counsel for the defendant no.2 submitted that the work of repairing of Gate and removal of the rubble should be done under the supervision of representative of the Court Receiver and the defendant no.2 be allowed to remain present when this work is being carried out by the plaintiffs. In the above facts and circumstances, notice of motion is disposed of by passing following order. : : O R D E R : (i) Notice of motion is allowed in terms of prayer clause (a). (ii) The plaintiffs are permitted to carry out the work of removing rubble from the suit property and repairing Gate of the suit property. The plaintiffs shall carry out the aforesaid works within the period of four weeks from today. (iii) The plaintiffs shall carry out the aforesaid works with advance notice to all concerned parties, including the Court Receiver. (iv) The representative of the Court Receiver shall remain present while the aforesaid works are being carried out by the plaintiffs. (v) The defendants are also at liberty to remain present while the aforesaid works are being carried out, if so advised. (R.V. MORE, J.) -: 3 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 193 OF 2005. M/s. Sonal Corporation & Ors. ..Plaintiffs. Versus Sharjil Builders Ltd & Ors. ..Defendants. Ms. Armin Wandrewala i/b M/s. Pravin Mehta & Mithi & Co., for the plaintiffs. Mr. D. S. Sakhalkar for the defendant no. 12. Ms. S. P. Trivedi i/b M/s. A. Bharat & Co., for defendant nos. 1 & 2. Mrs. R. S. Gulekar, section officer of the Court Receiver Office is present. Coram : R. V. MORE, J. Date : January 25, 2010. P. C. : 1. Office is directed to place the above suit on board on 15th February 2010 under the caption "settlement of issues". (R.V. MORE, J.)