1 17.nms-2552-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 2552 OF 2010 IN SUIT NO. 1536 OF 2007. Sabirbhai Mansoorbhai Dhinojwalla & Anr. ..Plaintiffs. vs. M/s. M.A. Developers & Anr. ..Defendants. .... Mr. A.R. Singh, i/b. D.R. Shah, for Plaintiffs. Mr. Sameer Sawant, i/b. A.R. Vaidya, for Defendant No.1. .... CORAM : S.J. KATHAWALLA, J. DATE : 26TH APRIL 2011. P.C. : The Plaintiff has filed the present Suit inter alia seeking directions against the Defendant No.1 to allot and hand over one flat with all amenities in the newly constructed building in lieu of unit no. 93 at building no. 5, D.N.Nagar Matruchhaya Co-operative Housing Society Limited at D.N. Nagar, Division III, Opposite J.P. Road, Dhake Colony, Andheri (West), Mumbai-400 058 (the said premises) to the Plaintiffs. The Plaintiffs have also sought a direction against the Defendant No.2 Society to transfer the documents in the name of the Plaintiffs in respect of the newly allotted flat which is handed over by the Defendant No.1 to the Defendant No.2 Society in lieu of the said premises and also admit the Plaintiffs as members of the Society. 2. According to the Plaintiffs Ms. Maryam Tayabai Primaswala was the tenant and allottee of the said premises and in 2 17.nms-2552-10 view thereof was entitled to a new flat on ownership basis from the Defendant No.1 after redevelopment of the property. The said Ms. Maryam Tayabai Primaswala expired, before the possession of the newly constructed flat could be handed over to her. The Plaintiffs are the legal heirs of the deceased Maryam Primaswala who have by the present Suit claimed possession of the newly constructed flat in the redeveloped property. At the ad-interim stage, the Defendant No. 1 agreed to give possession of the new flat which was to be handed over to the deceased Maryam Primaswala to the Defendant No.2 Society. The Defendant No.2 has thereafter received possession of the said new flat from the Defendant No.1. The Defendant No.2 has through out taken a stand that it has no objection in handing over the possession of the new flat to the Plaintiffs, provided the Plaintiffs obtain letters of administration from this Court. The Plaintiff No.2 has now obtained the necessary letters of administration annexed as Exhibit ‘C’ to the Affidavit in support of the above Notice of Motion. 3. In view thereof, the Society should have no objection in handing over the new flat of Ms. Maryam Primaswala to the Plaintiff No.2 who is a legal heir of the deceased Maryam Primaswala and who has obtained the necessary letters of administration as required by the Defendant No.2 Society. The Defendant No.2 is not present before the Court though served. In view thereof, the Notice of Motion is allowed in terms of prayer clause (a). However both the Plaintiffs shall execute a deed of indemnity in favour of the Society indemnifying the Society against any claims received by the Society from any person whomsoever including any other heir of the deceased Maryam Primaswala in respect of the Suit flat. The Notice of Motion is accordingly, disposed of. 3 17.nms-2552-10 4. Place the Suit for directions on 2nd May 2011 first on board. The Plaintiffs as well as the Secretary or any other responsible Office bearer of the Society shall remain present before this Court on 2nd May 2011. [ S.J. KATHAWALLA, J. ]