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 ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO. 3693 OF 2007 MOTION NO. 3693 OF 2007 MOTION NO. 3693 OF 2007 inin in NOTICE NOTICE NOTICE OF OF OF MOTION NO. 1386 OF 2007 MOTION NO. 1386 OF 2007 MOTION NO. 1386 OF 2007 inin in SUIT SUIT SUIT NO.631 NO.631 NO.631 OF 2003 OF 2003 OF 2003 Mr.Ashokkumar Mr.Ashokkumar Mr.Ashokkumar Dwivedi Dwivedi Dwivedi & ors .. Plaintiff & ors .. Plaintiff & ors .. Plaintiffs vs vs vs M/s M/s M/s Shanil Builders & ors Shanil Builders & ors Shanil Builders & ors ...... Defendants Defendants Defendants Ms.V.Thamhan Ms.V.Thamhan Ms.V.Thamhan for Plaintiffs for Plaintiffs for Plaintiffs Mr.Kezer Mr.Kezer Mr.Kezer Kherawala i.b R.K.Associates for Kherawala i.b R.K.Associates for Kherawala i.b R.K.Associates for Defendant Defendant Defendant nos. nos. nos. 4 to 10. 4 to 10. 4 to 10. Mr.Dhirendra Mr.Dhirendra Mr.Dhirendra Mishra for Defendant nos. 6 to 10 Mishra for Defendant nos. 6 to 10 Mishra for Defendant nos. 6 to 10 CORAM CORAM CORAM : : : A.M.KHANWILKAR, J A.M.KHANWILKAR, J A.M.KHANWILKAR, J DATED DATED DATED : : : 4TH OCTOBER, 2007 4TH OCTOBER, 2007 4TH OCTOBER, 2007 P.C. P.C. P.C. 1.1.1. This motion is made absolute in terms of prayer This motion is made absolute in terms of prayer This motion is made absolute in terms of prayer clause clause clause (a) on condition that the applicant shall (a) on condition that the applicant shall (a) on condition that the applicant shall pay pay pay costs quantified at Rs.5000/- to the High Court costs quantified at Rs.5000/- to the High Court costs quantified at Rs.5000/- to the High Court Legal Legal Legal Services Authority within one week from Services Authority within one week from Services Authority within one week from today. today. today. Payment is condition precedent for showing Payment is condition precedent for showing Payment is condition precedent for showing indulgence indulgence indulgence to the applicant. If payment is made to the applicant. If payment is made to the applicant. If payment is made within within within time and acknowledgment produced in the time and acknowledgment produced in the time and acknowledgment produced in the office, office, office, Notice of Motion No.1386 of 2007 be listed Notice of Motion No.1386 of 2007 be listed Notice of Motion No.1386 of 2007 be listed on on on 23rd October, 2007 under caption " ad interim". 23rd October, 2007 under caption " ad interim". 23rd October, 2007 under caption " ad interim". Hearing Hearing Hearing of the motion will proceed only if the of the motion will proceed only if the of the motion will proceed only if the applicant applicant applicant was to serve copy of the proceedings in was to serve copy of the proceedings in was to serve copy of the proceedings in Notice Notice Notice of Motion No.1386 of 2007 on the advocate of Motion No.1386 of 2007 on the advocate of Motion No.1386 of 2007 on the advocate for for for defendant nos. 4 to 10 which should be done defendant nos. 4 to 10 which should be done defendant nos. 4 to 10 which should be done within within within one one one week from today. Pleadings be exchanged week from today. Pleadings be exchanged week from today. Pleadings be exchanged between between between the parties if any to be filed in the the parties if any to be filed in the the parties if any to be filed in the registry registry registry on or before 26th October, 2007 in the on or before 26th October, 2007 in the on or before 26th October, 2007 in the said said said motion. motion. motion. (A.M.Khanwilkar, (A.M.Khanwilkar, (A.M.Khanwilkar, J) J) J) 2