1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2007 OF 2009 IN SUIT NO. 3098 OF 1991 Mrs. Mohinder Kaur Chandok & Ors. ...Plaintiffs. V/s. Prahaladsingh Chandok ...Defendant. --- Ms. Shekhar Shetye i/b Pimenta, Kapsi & Satpute, for the Plaintiffs. Mr. Pankaj Kowli i/b U.M. Jhaveri, for the Defendant. ---- CORAM : S.J. VAZIFDAR, J. DATE : 14TH AUGUST, 2009. P.C. :- 1. The only relief sought in this Notice of Motion is to allow the Defendant to restore the compound wall which was broken by the MMRDA on 01.04.2006. 2. Mr. Shetye, the learned counsel appearing on behalf of the Plaintiff stated that the Society in which the suit property is situated is independently taking up the issue with the MMRDA calling upon the MMRDA to restore the compound wall at its costs. If that is so, he states, the Plaintiff would not have to bear the expenses of restoring the compound wall at any stage. 3. Faced with this, Mr. Kauli, the learned counsel appearing on behalf of the Defendant on taking instructions agrees and undertakes that the restoration of the compound wall shall be at the expense of the 2 Defendant unconditionally and that the Defendant will not at any stage claim the reimbursement of such costs irrespective of the outcome of this litigation or even otherwise from the Plaintiff. 4. In the circumstances, the Notice of Motion is made absolute in terms of prayer (a). The restoration of the compound wall, however,shall be done by the Court Receiver, for which the expenses shall be paid in advance. 5. The Notice of Motion is accordingly disposed of.