: 1: nms.2557.2010 vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2557 OF 2010 IN SUIT NO.2476 OF 2010 Sulochana Baburao Chaudhari & ors. ..Plaintiffs Versus Milind Bhalchandra Nikarge & Ors. ..Defendants Ms.Prachi Khandke for Plaintiffs Mr.S.S. Shetye with M.A. Shah for Defendant No.1 Mr.P.G. Lad for Defendant Nos.3 & 4 CORAM : DR. D.Y. CHANDRACHUD,J. MARCH 15, 2011 P.C : 1. At the hearing of this Motion, the learned Counsel appearing for the Plaintiffs and the learned Counsel appearing on behalf of Defendant No.1, who is the Developer. have agreed to the following order being passed by consent as a working arrangement: i) The learned Counsel for Defendant No.1 states that in compliance of the order dated 2.8.2010, Defendant No.1 has deposited in Court all the arrears upto date computed @Rs. 6,500/- per month. In terms of the directions of the Court, all the plaintiffs would be at liberty to withdraw the amount. The learned Counsel for Defendant No.1 states that if upon : 2: nms.2557.2010 reconciliation of the statements it is found that any amount is still in arrears, that shall be deposited within a period of one week from today with the Prothonotary and Senior Master; ii) With effect from 1.4.2011, the monthly compensation to be deposited by Defendant No.1 in lieu of transit accommodation and payable to the plaintiffs shall stand enhanced to Rs. 12,000/- per month. The compensation commencing from 5.4.2011 shall be deposited by cheques drawn in favour of the respective plaintiffs; iii) On behalf of Defendant No.1, it has been stated that the rehabilitation building where the plaintiffs are to be given alternate accommodation shall be completed on or before 31.10.2011. The Plaintiffs shall be placed in occupation of their respective flats duly complete in all respects in terms of the agreement between the parties and in accordance with the sanctioned plans; iv) Until the Plaintiffs are placed in vacant and peaceful possession of their respective flats as stated above, the First Defendant agrees and undertakes not to hand over possession of any of the flats in the saleable component of the project in : 3: nms.2557.2010 favour of any third party; v) The First Defendant has agreed and undertaken to comply with the conditions of the N.O.C. issued by MHADA on or before 31.10.2011. Upon compliance by Defendant No.1 with the terms of the N.O.C., Defendant No.1 shall move MHADA in order to enable MHADA to issue its final N.O.C. to the Municipal Corporation for the issuance of an Occupation Certificate. MHADA shall consider any such request in accordance with law and take a decision thereon within a period of one month of the receipt of the duly completed application in that regard. 2. In view of the aforesaid directions which are with the consent of the Plaintiff and Defendant No.1, no further reliefs are sought in the Motion at this stage. The Motion is disposed of accordingly. (Dr.D.Y. Chandrachud, J.)