1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO. 136 OF 2008 IN PETITION NO. 577 OF 2008 Kesarbai Vallabhdas Kapadia. ... Deceased. Dinesh Vallabhdas Kapadia. ... Petitioner. V/s. Krishnakumar V. Kapadia & Ors. ... Respondents. Mr. B.S. Nayak i/b. G.S. Mansawala for the Petitioner. Mr. Pankaj Shah for Respondent Nos. 1 to 4. Mr. D.A. Barot for Respondent No.6. CORAM : S.C. DHARMADHIKARI,J. DATED : 29th JULY 2009. P.C. :- This is a Notice of Motion moved by the Petitioner – Plaintiff after the proceedings have been converted into a Suit, seeking an appointment of a Administrator and other reliefs. 2. It is stated that there was a flat which is residential, being flat No. A-6 on 1st floor of a building known as Moti Nagar, Roshan Nagar Lane, Chandavarkar Road, Borivali (West), Mumbai, which is more particularly described in prayer clause (a) of the Motion. 2 3. The other reliefs that is claimed is with regard to the payments made by the developer to Respondent Nos.1 to 4. 4. After this matter was heard for some time, my attention was invited by Mr. Nayak, learned Advocate appearing for the Petitioner to an affidavit which is filed by the developer on 18th November 2008. 5. The Managing Director of Defendant No.6 has stated on oath that the Society in question has appointed him as a developer. The society has given him the rights to demolish the old structure/building and put up a new building at site. Upon instructions, Mr. Barot, learned Advocate appearing for the developer – Respondent No.6 states that Commencement Certificate has been obtained recently and the development will be carried out within a period of 18 months from the date of the issuance of the certificate. Presently, the flat in question has been demolished. The new flat is flat No.304, B Wing, 3rd floor of the proposed building. This floor and the flat is yet to be constructed. 6. Mr. Barot, after taking further instructions, makes a statement that despite the averments made in paragraphs 3 and 4 of the affidavit filed by the developer, after the flat is constructed and ready for occupation, the developer will give notice to both Petitioner as well as Respondent Nos.1 to 4. The developer will not put anybody in possession of the said flat until further orders of this Court. After the details of the 3 completion of construction are made available to the Advocates of the Petitioner and Respondent Nos. 1 to 4, they will be at liberty to make request in the present proceedings for putting them in possession of the flat. All pleas and contentions of both sides are kept open. The Motion is disposed off with above liberty. 7. The developer shall give aforesaid notice within a period of 10 days from obtaining date of receipt of occupation certificate. Office to show the name of Mr. Pankaj Shah as Advocate for Respondent Nos.1 to 4. (S.C. DHARMADHIKARI,J.)