1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2404 OF 2010 IN SUIT NO.2812 OF 2008 WITH NOTICE OF MOTION NO.3380 OF 2008 IN SUIT NO.2812 OF 2008 WITH CHAMBER SUMMONS NO.226 OF 2011 IN SUIT NO.2812 OF 2008 Vanita Jaisingh Plaintiff versus R.Umrani w/o.Late Maj.S.Ramalingam Defendants Mr.C.N.Chavan for plaintiff. Mr.M.C.Shah a/w Amar Bhatt i/by E.Anandan for defendants. CORAM : S.J.KATHAWALLA, J. DATE : 28th April 2011 PC : 1. The suit is filed by the plaintiff seeking a declaration that the Memorandum of Understanding dated 19th April 2007 and 13th February 2008 executed between the plaintiff and the defendant in respect of the suit flat being Flat No.N-438, 4th Floor, admeasuring 1050 sq.ft. situate at Tarapore Towers C.H.S. Ltd. Phase-II, New Link Road, Oshiwara, Andheri (W), Mumbai-400 053 (suit flat) be declared as valid, subsisting and binding upon the defendant and accordingly the defendants be directed to hand over peaceful vacant and exclusive possession of the suit flat. In the said suit two Notices of Motion are taken out. The plaintiff has taken out Notice of Motion No.3380 of 2008 seeking an order and injunction restraining the defendant from selling, disposing off, alienating, 2 encumbering, parting with possession and/or creating any third party rights in respect of the suit flat. The Notice of Motion No.2404 of 2010 is taken out by the defendant seeking leave of this Court to give the suit flat on leave and license basis to third parties. 2. By consent of the parties, following order is passed :- (a) Pending hearing and final disposal of the suit, the defendant shall not sell, dispose off, encumber, alienate, part with possession or create any third party rights in respect of the suit flat. However, the defendant shall be at liberty to give the suit flat on leave and license basis for a period of eleven months at a time to any third party/s; (b) The licensee/s shall be put to notice of the pending litigation by annexing a copy of this order to the leave and license agreement/s executed by and between the defendant and the third party; (c) The defendant shall give the first option to the plaintiff to take the suit premises on license at the market rate; (d) The leave and licensee agreement entered into by and between the defendant and the licensee shall be registered; (e) All rights and contentions of the parties are kept open; (f) Notice of Motion Nos.2404 of 2010 and 3380 of 2008 stand disposed of. (S.J.KATHAWALLA, J.)