1 NM-3571 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Notice of Motion No.3571 of 2010 IN Suit No.3281 of 2008 Smt.Falguni Dinesh Shah ... ... Plaintiff v/s. Mr.Deepak P. Shah & ors. ... ... Defendants Mr.Snehal Shah with Ms.Dipti Panda & Ms.Dharmika Patel for Deft.No.5. Mr.Raj Patel i/by Mr.Rajiv Gupta for Deft.No.6/Applicant. Mr.S.K. Chari i/by M.V. Kini & Co. for Deft.No.3. Ms.Seema Gupta i/by Mr.A.M. Saraogi for Plff. Mr.P.G. Lad with Ms.Kavita Gandhi for Deft.No.1. ------ CORAM : SMT.ROSHAN DALVI, J. DATED : 21st February 2011 P.C. : 1.Defendant No.6 has taken out this Notice of Motion for certain reliefs with regard to his possession and payment of the share claimed by him. Parties have been heard at length. 2.Counsel on behalf of Defendant No.6 applies for 2 NM-3571 withdrawal of the Notice of Motion with liberty to take out another Notice of Motion for claiming more intelligible reliefs. 3.Counsel on behalf of Defendant No.5 presses for costs. Defendant No.5 is the auction purchaser. He has deposited the auction amount. He has not been able to get possession of the suit flat despite payment to Defendant No.3/Bank of the entire value of the suit flat which has been accepted by the Plaintiff as well as Defendant No.6. 4.Counsel on behalf of Defendant No.5 contends that the application itself is frivolous and collusive and made to bind time. Defendant No.5 is entitled to be paid costs of this application upon the application for withdrawal of this Notice of Motion. 5.Defendant No.6 shall pay costs of Rs.10,000/- to Defendant No.5. The Notice of Motion is allowed to be withdrawn. Liberty to take out fresh Notice of Motion is granted upon payment of costs. (SMT.ROSHAN DALVI, J.)