1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO._______ OF 2009 IN SUIT LOD. NO.2325 OF 2009 Jaybharat Automobiles Ltd. .. Plaintiff Versus Central Warehousing Corporation .. Defendants Mr.Merchant, Senior Advocate i/b. Aruna Singh for plaintiff Mr.S.U.Kamdar, Senior Advocate i/b. CORAM : S.C.DHARMADHIKARI, J. DATE : 14th August 2009. P.C.: 1] Leave under Rule 143 of High Court (O.S) Rules granted to the plaintiff to take out notice of motion in terms of draft notice of motion handed in. Motion is made returnable forthwith. 2] This is an application for ad-interim reliefs. Urgency, according to Mr.Merchant, learned Senior Counsel appearing for plaintiff, is on account of the fact that plaintiff is dealer in cars and its vehicles and other 1 materials are lying in the suit premises and access to which is not permitted by defendants, after 31st July 2009. 3] When the matter was placed before the Court for ad-interim reliefs in the morning session, parties sought time to arrive at some arrangement under which the plaintiff would be permitted to carry on the business for some time from the suit premises. 4] The matter was, therefore, placed in the afternoon session at the request of parties. 5] In the afternoon session, Mr.Merchant hands over minutes of the order which are duly signed by the Director of plaintiff and its Advocate so also Advocate for defendants and its Regional Manager (only for the purpose of identification), under which the plaintiff has given an undertaking to this Court that it would vacate and hand over vacant and peaceful possession of the suit premises to the defendant on or before 30th September 2009. Plaintiff, through its Director, who is duly authorised makes a statement that plaintiff would not seek any extension 1 of this period. 6] Mr.Merchant states that within a period of one week from today an undertaking duly signed by the Director of defendant, to the above effect, shall be filed in the Court. Statement accepted. 7] From a reading of the minutes of the order and finding that plaintiff has undertaken to this Court to hand over vacant and peaceful possession of the premises, I am of the opinion that interest of justice would be sub- served, if such undertaking is accepted and till 30th September 2009, the plaintiff is permitted to carry on its business from the suit premises as per the terms and conditions of the Agreement. The request for ad-interim relief was also made on the basis that this being festival season and several bookings of cars and deliveries thereof have to be effected, so also prior commitments with regard to repairs of the vehicles have to satisfied by the plaintiff. The business had come to stand still on account of disputes. In these circumstances and in facts peculiar to this case, the minutes of the order are taken on record and marked "X" for identification. Undertaking recorded in clause 1 is accepted. There shall 1 be an order in terms of minutes of the order, subject to plaintiff's Director filing an undertaking within one week from today. It is agreed between the parties that plaintiff shall be permitted access to the premises from today evening, if possible. 8] In the light of the above, both sides state that nothing survives in the motion as well as the suit. The Notice of Motion and Suit both are, accordingly, disposed of without any costs. Refund of court fees as per rules. (S.C.DHARMADHIKARI, J)