1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2966 OF 2009 IN APPEAL NO. 86 OF 2009 IN COURT RECEIVER’S REPORT NO. 251 OF 2008 IN SUIT NO. 3221 OF 1984 AND APPEAL NO. 86 OF 2009 M.D. Choksey Construction Pvt. Ltd. ..Appellants Vs. Atul Dhirajlal Sohni and ors. ..Respondents Mr. Anuj Narula i/by Jhangiani Narula and Associate for appellants. Mr. Clive D’Sozua i/by Ashok B. Satpute for respondent no.5. CORAM: B. H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ. January 05, 2010. P.C. 1. We have heard the learned counsel for the respective parties. We have also perused the report filed by Shri A.N. Narula, the learned counsel 2 appearing for the appellant-company, further to the order passed by this court on 8/9/2009. 2. It appears that the debris have been removed, but as per Mr. Narula parapet wall and the articles belonging to respondent no.5 are still lying around the suit premises. Whereas the learned counsel for the respondent no.5 states that the articles have been removed and in case they have not been removed, they shall be removed by him forthwith. 3. Be that as it may, we have given sufficient time to respondent no.5 and in case the parapet wall and the articles belonging to respondent no.5 have not yet been removed, the Notice of Motion stands allowed in terms of prayer clause (a) and (b). 4. Consequently, nothing further survives in the appeal and, therefore, Appeal No. 86 of 2009 also stands disposed off. (SMT. V.K. TAHILRAMANI,J.) (B. H. MARLAPALLE,J.)