IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTIN NO.2638 OF 2007 IN SUIT NO.1889 OF 2007 Kamlesh H. Pania ....Plaintiff V/s. M/s.Shanil Builders & Ors. ....Defendants Mr.M.P.S. Rao with Mr.Rahul Karnik for the Plaintiff. Mr.Kizer Kharawala i/b R.K. Associates for Defendant Nos.4 to 10. CORAM : S.J. VAZIFDAR, J. DATE : 25TH SEPTEMBER, 2009. P.C. :- 1. It is difficult in this Notice of Motion and especially at this stage to decide the rights of the parties. This would have to await the decision by the Defendants to hand over possession of the units. At present, the building is under construction. As and when the decision is taken to hand over the suit flat, the Defendants shall inform the Plaintiff’s advocate atleast four weeks in advance in writing of their intention to hand over possession. Such notice will also name the person to whom the Defendants propose handing over possession and the person in whose favour any rights may have been created. Liberty to the Plaintiff to apply thereafter. It is clarified that for a period of four weeks after the receipt of the notice by the Plaintiff’s advocate, possession of the suit flat shall not be handed over including by the Court Receiver.