1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1299 OF 2007 IN SUIT NO. 959 OF 2007 Jairaj Alias Sunil J. Nathwani & Anr. ....Plaintiffs V/s. Smt. Arti Selvaraj & Ors. ....Defendant Mr.Hiralal thakkar, Sr. Counsel with Mr. Shailesh Shah, Ms. J.Sidhwa and Mr.Vinod Solanki, Mrs. Anita Acharya, Ms. Shilpa Baria, Ms. K. Shinde i/b M/s Tijoriwala & Co., for the Plaintiffs. Mr.Abhishek Khare i/b Amit Karkhanis, for Defendant nos.1 to 5 CORAM : S.J. VAZIFDAR, J. DATED : 7TH AUGUST, 2009. P.C. :- The following order is passed with the consent of the parties:- 1.(i) Defendant nos.1 to 5 shall hand over possession of the suit flat to the Court Receiver on or before 30.09.2009. Defendant nos.1 to 5 undertake that they will not apply for further extension of time for handing over 2 possession of the suit flat to the Court Receiver. ii) The Court Receiver shall invite bids from third parties in the usual manner for being appointed as agents of the Court Receiver in respect of the suit flat. Parties are at liberty to bid for being appointed as agents of the Court Receiver. iii) Liberty is granted to apply for appointment of a private Court Receiver. iv) However, even before 30.09.2009, Defendant nos.1 to 5 shall permit the Court Receiver to take inspection of the suit flat for any purpose whatsoever including permitting prospective bidders for the agency of the Court Receiver to inspect the flat. 2. By consent, further evidence shall be recorded on commission Defendant nos.1 to 5 further undertake that they will not apply for any adjournments before the learned Commissioner. No doubt the Commissioner will give a reasonable opportunity to the parties to remain present. 3. Affidavit of documents to be filed within six weeks of 3 the filing of the written statement. Discovery and Inspection forthwith thereafter. 4. The aforesaid order is passed with the consent of the parties. 5. The Notice of Motion is accordingly disposed of.