1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.506 OF 2010 IN SUIT NO.362 OF 2010 Firdous Mohamed Rafiq .. Plaintiff Vs. Sabrey Alam S/o Laljade Chowdhari and Ors. .. Defendants Mr.P.M.Shah for the plaintiff Mr.K.K.Jadhav for defendant nos.1 and 2 Mr.H.P.Narsana i/b M/s..Harshad and Co. for defendant no.3 CORAM : S.C.Dharmadhikari, J. DATE : September 2, 2010 P.C. : 1. The shop premises being shop no.2 Green Lawn Apartment, Ground Floor, Aarey Road, Opp. St.Pious College, Goregaon (East), Mumbai 400 063, more particularly described in para (b) of the Notice of Motion are presently in possession of defendant no.3. Defendant no.3 claims rights in the same under a lease from defendant no.2 who is the lessor / owner of the property. 2 2. Mr.Jadhav, the learned counsel appearing on behalf of defendant nos.1 and 2 on instruction makes a statement that barring the deed of lease executed in favour of defendant no.3, there is no other interest created in relation to this shop. Thus, deed of lease has been executed because of a finance arrangement between defendant no.2 and defendant no.3 under which certain amounts which are due and payable by defendant no.2 to M/s.India bulls are being paid and adjusted towards the rent from the Lease. 3. Defendant no.3 is M/s.UTI Asset Management Co. Ltd. which is claiming under a deed of lease dated 15.5.09. It is stated that under this lease defendant no.3 has been permitted to create Sub-Lease in favour of its associate/subsidiary companies. Beyond exercising rights under this lease deed defendant no.3 has not created third party interest and will not so create till further orders of this court. 4. Since defendant no.1 and particularly defendant no.2 has stated that there are no third party rights created nor there is any transfer of interest in the subject premises, save and except the deed of lease in favour of defendant no.3, it is directed that all defendants shall not create any third party rights or transfer the shop premises, so also part with possession thereof until further orders of this court. However, this order does not prevent defendant no.3 from remaining in possession, so also exercise all rights under the deed of lease dt.15.05.09. This order is passed after perusing the contents of the letter dt.18.3.10 copy of which is annexed as Exhibit 1 to the affidavit in 3 reply filed on behalf of defendant no.3 dt.29.6.10. 5. No further orders are needed in Notice of Motion. No other relief can be granted. Motion disposed of accordingly. ( S.C.Dharmadhikari, J. )