:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 3214 OF 2008 OF MOTION NO. 3214 OF 2008 OF MOTION NO. 3214 OF 2008 IN IN IN SUIT SUIT SUIT NO. 631 OF NO. 631 OF NO. 631 OF 2003 2003 2003 (COURT (COURT (COURT RECEIVER’S REPORT NO. 200/2006) RECEIVER’S REPORT NO. 200/2006) RECEIVER’S REPORT NO. 200/2006) Ashok Kumar Dwivedi & 27 Ors. ... Plaintiffs. V/s. M/s. Shanil Builders & Ors. ... Defendants. Mr. R.D. Suvarna for the Plaintiffs. Mr. Kherawala i/b. R.K. Associates for Defendants 4,5 to 10. Mr. G.G. Ketkar, 1st Assistant to Court Receiver present. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 15TH 15TH 15TH JANUARY 2009. JANUARY 2009. JANUARY 2009. P.C. P.C. P.C. : : : . In terms of the order passed on 28th November 2008, an affidavit is filed by Mr. R.D. Suvarna appearing for the Plaintiffs. 2. The said affidavit is affirmed by Plaintiff No.18. A copy of this affidavit has been duly served on Defendant Nos. 4 to 10. 3. It clearly states that without prejudice to the rights and contentions including claiming share in the construction, the Plaintiffs are ready and willing to deposit the balance amount as demanded by the Court Receiver in terms of the report of the Architect M/s. Nadkarni & Co. :2: 4. Accordingly, Mr. Suvarna, learned Advocate appearing for the Plaintiffs on instructions from Plaintiff No.27, who is present in Court makes a statement that the Plaintiffs would deposit the balance sum with the Court Receiver, without prejudice to their rights and contentions in the Suit, within a period of three months from today. 5. Mr. Kherawala, learned Advocate for the Defendant Nos. 4 to 10 states that the order passed on the last occasion records the statement of Mr. Kherawala that Defendant Nos. 4 to 10 will place on record the details of the pending Suits filed by parties claiming to be flat purchasers and place the same on affidavit so also serve a copy thereof on Mr. Suvarna, learned Advocate appearing for the Plaintiffs. 6. Mr. Kherawala states that the same could not be done till date but he will provide the details to Mr. Suvarna on or before 17th January 2009 and also file an affidavit in terms of the order dated 28th November 2008 on or before 27th January 2009. 7. In the light of these developments and without prejudice statements, Mr. Suvarna states that he will take prompt steps to withdraw the Appeal challenging the order passed by the learned Single Judge on 16th July 2008 :3: in the Receiver’s Report and Notice of Motion No.2012 of 2008. Mr. Suvarna states that the Plaintiffs will comply with this statement and withdraw Appeal No. 363 of 2008 on or before 2nd February 2009. 8. In the light of the above, it is once again clarified that this Court has not determined the shares of the parties but has kept open all pleas and contentions in that behalf for being raised at an appropriate stage. Liberty to apply for determining the said share and such liberty may be availed off by the Plaintiffs. While availing the same, the Plaintiffs can place before this Court all particulars and details and it is clarified that pleas of both sides in that behalf are kept open. 9. The Notice of Motion is disposed off. Liberty is granted to Defendant Nos. 4 to 10 to move the Court Receiver and seek the details of the security charges and other amounts which are mentioned in the report. 10. It is clarified that this order shall not affect the rights, if any, of parties to Flat No. 001 and Flat No. 402. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)