1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1184 OF 2007 Rajesh S. Kotak & Ors. ....Plaintiffs V/s. Phutarmal B. Jain ....Defendant Mr.D.H. Mehta with Mr.R.D. Suvarna for the Plaintiffs. Mr.H.V. Chande for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 4TH SEPTEMBER, 2009. P.C. :- 1. The following order is passed with the consent of the parties. Mr.Mehta and Mr. Chande state that they have authority as counsel to agree to the order. The Defendant is present in Court. 2. The suit is disposed of by consent in the following terms :- i). The suit is decreed in terms of prayers (a) and (b). The same however is subject to the Plaintiffs paying to the Defendant a further sum of Rs.3,00,000/-, in addition to the amount already paid, on or before 5.5.2010. Further the Defendant shall be bound and liable and undertakes to this Court to hand over quite, vacant and peaceful possession of the suit flat to the Plaintiffs on or before 5.5.2010. The amount of Rs.3,00,000/- shall be paid any time before 5.5.2010 by a pay order in favour of the Defendant’s advocate Mr.Chande. The said amount shall however be paid over to the Defendant only upon the Plaintiffs being put in possession of 2 the said flat. ii). In the event of the Defendant not handing over possession of the suit flat on or before 5.5.2010 and upon being paid a sum of Rs. 3,00,000/-, the Court Receiver, High Court, Bombay shall stand appointed as a Receiver of the suit flat forthwith, without further orders. The Court Receiver shall in that event take possession of the said flat from the Defendant and hand over the same to the Plaintiffs. Iii). Till the Defendant continues in possession of the said flat, he shall pay all the outgoings and other costs, charges and expenses including the taxes in respect of the said flat. iv) Till the Defendant hands over possession, the Defendant is restrained by an order of injunction from disposing of, alienating, encumbering, parting with possession of or creating any third party right, title and/or interest in, to, upon or in respect of the said flat. 3. The Plaintiffs are at liberty to furnish a copy of this order to the society in which the flat is situated. The parties shall proceed in the meantime to complete all the formalities for the sale and transfer and vesting of the title of the said flat to and in favour of the Plaintiffs including obtaining all necessary permissions from the society. Refund as per rules.