- 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.2782 OF 2008 OF MOTION NO.2782 OF 2008 OF MOTION NO.2782 OF 2008 IN IN IN SUIT SUIT SUIT NO.2445 OF 2008 NO.2445 OF 2008 NO.2445 OF 2008 M/s.Shivoham Associates ...Plaintiffs vs. Borivli Vishnu Co-op Hsg. Society Ltd. and Anr. ...Defendants Mr.Rajiv Narula, Basant Tilokani i/b M/s.Jhangiani, Narula & Associates for the plaintiffs Mr.Bharat Mehta for the defendant no.1 Mr.Ranjit Thorat a/w Mr.Pradeep Thorat for defendant no.2 CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : NOVEMBER 18,2008 : NOVEMBER 18,2008 : NOVEMBER 18,2008 P.C.: P.C.: P.C.: . For the reasons separately recorded in the order, following is the operative part of the order : . Hence, Notice of motion is disposed of by passing the following order : i) The Court Receiver, High Court, Bombay is appointed as the Receiver in terms of prayer clause (a) of the notice of motion. The Court Receiver will take formal possession of the said flat without disturbing the occupation of the 2nd defendant. ii) The plaintiffs will deposit bankers’ cheque drawn in favour of the Prothonotary and Senior Master in the sum of Rs.25,00,000/- with this court within a period of one week from today. - 2 - iii) The amount of Rs.25,00,000/- shall be invested by the Prothonotary and Senior Master in fixed deposit with any nationalised bank initially for a period of two years and the fixed deposit shall be renewed from time to time till further orders. iv) The order as regards withdrawal/disbursement of the said amount with interest accrued thereon will be passed as and when the 2nd defendant is placed in possession of the flat in the newly constructed building by the plaintiffs in terms of the development agreement. v) Within a period of one week from today, the plaintiffs will hand over aforesaid bankers’ cheque/cheques in the sum of Rs.1,74,240/- drawn in favour of the 2nd defendant to the Court Receiver,High Court, Bombay. The plaintiffs shall also hand over to the Court Receiver within a period of 7 days from today 11 post dated cheques for the amount of rent for a period of 11 months subsequent to the intial period of 22 months. vi) The 2nd defendant shall hand over vacant possession of the said flat to the Court Receiver within a period of six weeks from today. The 2nd defendant will be entitled to receive the cheques in the sum of Rs.1,74,240/- and 11 post dated cheques issued by the plaintiffs against the - 3 - delivery of possession of the said flat to the Court Receiver in terms of this order. vii) In the event of the 2nd defendant failing to hand over vacant possession of the said flat to the Court Receiver within six weeks from today, the Court Receiver shall take forcible possession of the said flat with the assistance of the concerned local police station. viii) On receiving possession of the said flat, the Court Receiver will hand over the same to the plaintiffs to enable the plaintiffs to proceed with the work of demolition. ix) On the Court Receiver handing over possession of the said flat to the plaintiffs in accordance with this order, the Court Receiver will stand discharged without passing accounts. The costs, expenses and charges of the Court Receiver shall be borne and paid by the plaintiffs. x) It is needless to add that the 2nd defendant will be entitled to receive possession of the flat in newly constructed building in accordance with the terms and conditions of the development agreement dated 8th May 2008. xi) Parties, the Court Receiver and the Prothonotary and - 4 - Senior Master to act upon an authenticated copy of operative part of this order. JUDGE JUDGE JUDGE