1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3769 OF 2008 IN SUIT NO.355 OF 2004 Ankur H. Shah ....Plaintiff V/s. M/s.Leela Enterprise & Ors. ....Defendants Mr.Shrishail Kittad i/b S. Ashwinikumar & Co. for the Plaintiff. Mr.S. Parekh i/b Mr.S.G. Lakhani for Defendant Nos.1 and 2. CORAM : S.J. VAZIFDAR, J. DATE : 11TH DECEMBER, 2009. P.C. :- 1. Mr.Parekh, the learned counsel appearing on behalf of Defendant Nos.1 and 2 makes a statement that the proposed demolition by Defendant Nos.1 and 2 is only in respect of the 8th floor of the construction and that the Plaintiff’s application therefore, will not be affected in any manner whatsoever. He further makes a statement that in the event of any authorities such as B.M.C. issuing any notice which is likely to affect the Plaintiff’s flat, the same shall be forwarded to the Plaintiff’s advocate forthwith. 2. It appears that the delay in obtaining the occupation certificate has been on account of certain legal proceedings mentioned in the affidavit in reply as well as on account of the notices issued by the B.M.C. 2 Mr.Parekh states that Defendant Nos.1 and 2 are pursuing and shall continue to pursue the matter in this regard expeditiously. Defendant Nos. 1 and 2 shall, every three months commencing from 10.3.2010 forward the details and the steps taken to the Plaintiff’s advocate in writing. Liberty to the Plaintiff to apply. 3. In these circumstances, it is not desirable to appoint a Court Receiver in respect of the entire property. That would not be to the benefit of the Plaintiff for it would jeopardies the entire project in which the flat of the Plaintiff is situated. 4. The Notice of Motion is accordingly disposed of.