1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3103 OF 2009 IN SUIT NO. 2174 OF 2009 Dr. Bhatia K. Jamnadas & Ors. ... Plaintiffs. V/s. Poonamchand N. Shah & Ors. ... Defendants. Mr. Pradeep Sancheti a/w. Mahesh Vaswani & Sana Yusuf Baugwala for the Plaintiffs. Mr. V.M. Vaghela for Defendant 1. Mr. Shailesh Shah a/w. Pankaj Kawli i/b. V.B. Tiwari & Co. for Defendant 2. Mr. J.G. Reddy for Defendant 3. CORAM : S.C. DHARMADHIKARI,J. DATED : 17th DECEMBER 2009. P.C. :- This is a Notice of Motion by the First Defendant seeking a direction and order to the Slum Rehabilitation Authority to demolish the Plaintiffs entire building more particularly described in prayer clause (a) of the Notice of Motion. 2. From a perusal of the affidavit in support of this Notice of Motion, it is apparent that the First Defendant is claiming to be party to a mutual agreement between him and the Second Defendant for construction of the building “Midas Tower”. There are disputes and differences which are narrated as between the First and the Second Defendants. 2 3. The grievance is that this Slum Rehabilitation Authority has erroneously proceeded to regularize the construction and that has defeated the rights of the First Defendant. 4. In my view, from a reading of this affidavit alone, it is apparent that Defendant No.1 will have to institute substantive proceedings of his own and seek reliefs in terms of the entitlement to the property and only thereafter, further orders and directions including in terms of prayer clause (a) of the Notice of Motion can be granted. 5. In the Plaintiffs’ Suit such a Motion at the instance of the First Defendant is clearly mis-conceived and not maintainable. Leaving open all remedies to the First Defendant so also the contentions therein of parties, this Motion is dismissed. (S.C. DHARMADHIKARI,J.)