1 nms-323-s-1833-07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 323 OF 2011 WITH NOTICE OF MOTION NO. 2565 OF 2010 IN SUIT NO. 1833 OF 2007. Lalit A. Cherodian. ..Plaintiff. vs. K. Santosh Kumar & Anr. ..Defendants. .... Mr. Prakash R. Hegde, for Plaintiff. Mr. V.N. Solanki, i/b. A.P. Rege, for Defendant No.1. Mr. Pramod Kumar Vachheta, i/b. Pramod Kumar & Assoc., for Defendant No.2. .... CORAM : S.J. KATHAWALLA, J. DATE : 15TH MARCH 2011. P.C. : The following order is passed by consent of the parties : (i) The Plaintiff undertakes to vacate the Suit premises i.e. Flat No. 15, Second Floor, Shantiniketan, State Bank of India, Employees (Ganesh) CHS Limited, Behind Amboli Church, Jogeshwari (West), Mumbai-400 102 and hand over the same to the Defendant No.2 for the purpose of re-development within a period of eight weeks from today. The undertaking is accepted. (ii) All amounts payable by the Developer - S.D. Bhalerao Constructions Private Limited towards the compensation for alternate accommodation, etc. in respect of the Suit flat shall be handed over by S.D. Bhalerao Constructions Private Limited to the 2 nms-323-s-1833-07 Defendant No.2-Society, who in turn shall deposit the said amount from time to time with the Prothonotary and Senior Master of this Court. The Prothonotary and Senior Master shall invest the said amount received in fixed deposits of nationalised bank/s and shall keep on renewing the same until further orders from this Court. (iii) The Developer shall upon the development work being completed, inform the Defendant No.2 Society that the new flat in lieu of flat no. 15 i.e. the Suit flat is ready for occupation. The Society shall thereupon give written notice to the Plaintiff as well as the Defendant No.1 herein about the flat being ready for occupation but shall not hand over possession of the said flat to either of the parties unless they obtain necessary orders from this Court. (iv) Upon receipt of such notice from the Society, the Plaintiff and the Defendants shall be at liberty to move this Court for appropriate orders. (v) This order is passed without prejudice to the rights and contentions of the Plaintiff as well as the Defendant No.1. 2. A copy of this order shall be forwarded to S.D. Bhalerao Constructions Private Limited by the Plaintiff as well as the Defendant Nos.1 and 2. 3. The Notice of Motion is accordingly disposed of. 4. In view of the above order, the Notice of Motion No. 2565 of 2010 also stands disposed of. [ S.J. KATHAWALLA, J. ]