:1: 2769.10-caw bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2769 OF 2010 IN WRIT PETITION NO.6743 OF 2010 M/s.Inorbit Malls (India) Pvt. Ltd. ..Applicant Vs. M/s.RTC Restaurants (I) Ltd. & Ors. ..Respondents Dr.Veerendra Tulzapurkar, Senior Advocate with Mr.Chirag Balsara with Ms.Hemlata Jain and Mr.Nikhil Pail i/b. Maherhosh Humranwala for the applicant. Mr.R.B.Pardeship for respondent Union of India. Mr.Samit Shukla i/b. Naik Paranjpe & Co. for respondent No.6. CORAM :- V.C.DAGA & R.M.SAVANT,JJ. DATE :- OCTOBER 28, 2010 P.C. Heard. Perused Civil Application. 2. By way of present Civil Application, the applicant is seeking modification of order dated 9th September, 2010, especially paragraph No.5 of the said order. In this view of the matter, the paragraph No.5 of the order dated 9th September, 2010 stands substituted with the following: “5. It is further directed that in case such undertaking is given, the Petitioners shall not be entitled to transfer their interest in the property in relation to which the demand of service tax is made, without first giving two weeks prior notice of their intention to transfer their interest and the nature of the transfer to the respondents. In case, within the period of two weeks, objection is raised on behalf of the respondents to the proposed creation or transfer of interest, no interest will be created or transferred without seking leave of the Court. It goes without saying that if the objection is not raised within a period of two weeks, the :2: 2769.10-caw persons shall be free to create or transfer proposed interest in the property, subject to previous notice to the landlord. At the same time, if the landlord wants to terminate the tenancy, the landlord shall also intimate his intention to this Court so as to enable this Court to take proper view of the matter at that stage. On the undertaking as aforesaid being given by the petitioners, no coercive steps shall be taken by the 1st to 4th respondents for recovery of service tax in respect of the premises of the petitioners – respondent No.5. 3. Order dated 9th September, 2010 stands corrected accordingly. Rest of the order shall remain as it is. Civil Application stands disposed of. (R.M.SAVANT,J.) (V.C.DAGA,J.)