1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3416 OF 2010 IN SUIT NO.950 OF 2006 WITH SUIT NO.950 OF 2006 Hansraj Pragji Warehousing Pvt.Ltd. Plaintiff versus Bombay Cycle and Motors Agency Ltd. Defendants Mr.Rohit Kapadia, Sr.Counsel with Mr.Shailesh Shah i/by Pandya Gandhi & Co. for plaintiff. Mr.Korde, Sr.Counsel a/w Dhaval Mehta i/by D.H.Legal Associates for defendants. CORAM : S.J.KATHAWALLA, J. DATE : 28th June 2011 PC : 1. Following order is passed by consent of the parties : (a) The Protnonotary & Senior Master shall appoint an officer of the Court as Commissioner to visit the suit premises and submit his report qua the present status of the suit property. The Commissioner shall be at liberty to also take photographs of the suit premises; (b) Parties to be given notice of the visit by the Commissioner and they shall be at liberty to remain present when the Court Commissioner visits the suit premises; (c) The costs of the Court Commissioner shall be borne by the plaintiff at the first instance; 2 (d) Copies of the report of the Court Commissioner along with photographs, if any, shall be made available to the parties by the Prothonotary & Senior Master of this Court upon payment of requisite charges; (e) Pending the hearing and final disposal of the suit, the plaintiff undertakes not to sell, dispose off, alienate, encumber, part with possession and/or create any third party rights in respect of the suit premises except for using the suit premises for warehousing in the course of its business. The undertaking is accepted; (f) Pending the hearing and final disposal of the suit, the defendant undertakes not to disturb the possession of the plaintiff in respect of the suit premises. The undertaking is accepted; (g) Pending the hearing and final disposal of the suit, the Small Causes Court shall not proceed with the suit until further orders of this Court; (h) This order is passed without prejudice to the rights and contentions of the parties; (i) Hearing of the suit is expedited. 2. The Notice of Motion is accordingly disposed of. (S.J.KATHAWALLA, J.)