IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.250 OF 2010 IN APPEAL (L) NO.803 OF 2009 IN NOTICE OF MOTION NO.2164 OF 2007 Mr. Dipak Patel .... Appellant Vs. Mr.Devang Champaklal Goradia .... Respondents & Ors. Mr.D.D. Medan, Senior Advocate i/by Kanga & Company for appellant. Mr.Armin Wandrewala i/by Shri Hiren Mehta for respondent no.1. Coram : D.K. Deshmukh & SMT.R.P. SondurBaldota, JJ. Date : 8th June, 2010 P.C. 1. The name of respondent no.2 i.e.Mr. Kisan K. Punjabi is permitted to be deleted from the motion. 2. Heard the learned counsel for the appellant and the respondent no.1. The Notice of Motion is granted in terms of prayer clause (a). (Smt.R.P.SondurBaldota,J) (D.K. Deshmukh, J.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.81 OF 2010 IN NOTICE OF MOTION NO.2164 OF 2007 IN SUIT NO.1576 OF 2007 Devang Champaklal Goradia .... Appellant Vs. Kishan K. Punjabi & Anr. .... Respondents Mr.Armin Wandrewala i/by Shri Hiren Mehta for appellant. Mr.D.D. Madon, Senior Advocate with Mr. Mayur Khandeparkar i/by Kanga & Company for respondents. WITH APPEAL NO.(L) 803 OF 2009 IN NOTICE OF MOTION NO. 2164 OF 2007 IN SUIT NO.1576 OF 2007 Dipak Patel .... Appellant vs. Devang Champak Goradia & Anr. .... Respondents Mr.D.D. Madon, Senior Advocate i/by Kanga & Company for appellant. Mr.Armin Wandrewala i/by Shri Hiren Mehta for respondent no.1. Coram : D.K. Deshmukh & SMT.R.P. SondurBaldota, JJ. Date : 8th June, 2010 P.C. 1. Admit. 2. By consent of parties, both the appeals are heard finally and disposed of. The order impugned in the appeals is set aside. 3. Shri Madon, learned counsel for the defendant no.2 states that presently the defendant no.2 is the owner of the suit flat and that the defendant no. 2 shall not alienate, transfer or create any third party rights in the flat without seeking leave of the Court. The said statement is accepted. He further states that an Undertaking of the defendant no.2 in the aforesaid terms shall be filed in this Court within a period of six weeks from today. All the contentions available to both the sides are kept open. 4. The appeals are disposed of. 5. The amount deposited by the plaintiff in this Court pursuant to the order passed by the learned Single Judge of this Court be permitted to be withdrawn by the plaintiff with accruals, if any. 6. It is clarified that now there is no order appointing Court Receiver in relation to the suit flat. 7. The amount of Rs.5,48,000/- deposited by the second defendant shall continue to be deposited in the Court which shall be invested in fixed deposit in any nationalised bank to the credit of the suit. (Smt.R.P.SondurBaldota,J) (D.K. Deshmukh, J.)