( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION USJ NOTICE OF MOTION NO.1823 OF 2006 NOTICE OF MOTION NO.1823 OF 2006 NOTICE OF MOTION NO.1823 OF 2006 IN IN IN SUIT NO.1586 OF 2006 SUIT NO.1586 OF 2006 SUIT NO.1586 OF 2006 Vibhuti Investments Co. Ltd. ..Plaintiffs V/s. Mukeshkumar Daulatrai Mehta & Ors. ..Defendants ...... Mr.D.D. Madon, MR. Colabawala i/by Mulla & Mulla for the plaintiffs Mr. Shailesh Shah i/by Amit Shroff for defendants. ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 1st April, 2009 DATED : 1st April, 2009 DATED : 1st April, 2009 P.C.: P.C.: P.C.: 1. By the present notice of motion, plaintiffs want that defendants should not deal with the property in the wider terms as set out in prayer clause (a). Plaintiffs want Receiver in regard to the suit ( 2 ) property which is the subject matter of the suit agreement dated 19th March, 2000 and plaintiffs want Receiver in terms of prayer clause (b) of this motion. 2. In the midst of hearing of this notice of motion, learned Counsel Mr. Shah appearing on behalf of the defendants upon instructions from his client makes a statement that defendants shall not create third party rights, dispose of, alienate, encumber the suit property more particularly set out in prayer clause (a). He upon further instructions from his client, makes a statement that defendants shall not part with possession of the property as set out in Schedule A to the plaint. He upon further instructions makes a statement that defendants shall not accept surrender of tenancies which are subject matter of agreements at Exhibit E, F and G to the plaint. 3. The learned Counsel Mr. Shah upon instructions states that his client be permitted to transfer the tenancy of tenaments not covered by agreements at Exhibits E,F and G to the plaint. The learned Counsel Mr. Shah submits that if this statement made by him is accepted by the Court, it would meet the ends of justice that is to say to protect the interest of the plaintiffs during the pendency of the suit. ( 3 ) 4. Learned Counsel Mr. Madon submits that if the Court is of the view that a statement made by learned Counsel Mr.Shah protects the interest of the plaintiffs during the pendency of the suit, the Court be pleased to pass appropriate orders as the plaintiffs are interested in seeing that no third party now intervenes during the pendency of the suit. Mr. Madon learned Senior Counsel also states that no new tenancies be created in respect of tenements which are subject matter of agreements which are at Exhibits E, F and G to the plaint as certain transactions in terms of money has taken place between plaintiffs and those three tenements holders, and other tenancies. 5. I have considered the point involved as also I have appreciated the facts in question. The defendants have not disputed the execution of the agreement dated 19th March, 2002. If this is the position, it is very much clear that the Plaintiffs’ interest is required to be protected when Plaintiffs have averred in the plaint that the plaintiffs are ready and willing to perform their part of the contract. In such a situation when the defendants have come forward with a statement that they will not create third party rights etc. that statement can conveniently be accepted and the motion can be disposed off. ( 4 ) 6. Naturally when defendants have sought a clarification in regard to the transfer of tenancies, except tenancies which are subject matter of agreements at exhibit E, F & G to the plaint such a clarification can be granted because as of today the defendants continue to be landlord and their right to accept the surrender of tenancies / creation of new tenancies cannot be controlled. In view of the aforesaid position, I pass the following order. ORDER ORDER ORDER . Statement made by the learned counsel for the defendants upon instructions from the defendants that the defendants shall not transfer, dispose of, alienate or encumber the suit property more particularly described in schedule A to the plaint is accepted. Similarly statement made by counsel for the defendants that the defendants shall not part with the possession of the property described in prayer clause A as a whole is accepted. . Defendants are prohibited from accepting surrender of tenancy rights in respect of premises which are covered by agreements at Exhibit E, F & G which are ( 5 ) annexed to the plaint . It is clarified that defendants are permitted to accept surrender of tenancies / create new tenancies in regard to other tenancies. The aforesaid statements are accepted by the Court and the defendants are bound by those statements till the disposal of the suit. It is clarified that this order will bind the defendants in terms of statement, subject to the result of the suit. . All contentions in the suit are kept open. The statements made by Counsel for defendants are hereby treated as undertakings on behalf of the defendants. The notice of motion is disposed off in above terms. Suit to come up in usual course. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)