vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4054 OF 2007 NOTICE OF MOTION NO.4054 OF 2007 NOTICE OF MOTION NO.4054 OF 2007 IN SUIT NO.2990 OF 2007 SUIT NO.2990 OF 2007 SUIT NO.2990 OF 2007 Mrs.Ushakiran Hirendra Singh & anr. ... Plaintiffs V/s. M/s.Sun City Housing & Ors. ... Defendants Mr.D.M. Joshi for Plaintiff Mr.Brijesh Upadhyay i/b Purnanand & Co. for Defendant Nos.1, 2 and 3 Mr.L.V. Bommer i/b M/s.Shaunak Satpute & Co. for Defendant Nos.9 to 11 CORAM: S.J. KATHAWALLA, J. S.J. KATHAWALLA, J. S.J. KATHAWALLA, J. DATED: JANUARY 27, 2009 JANUARY 27, 2009 JANUARY 27, 2009 P.C.: P.C.: P.C.: . By consent, the Notice of Motion is disposed of by the following order: i) The defendants shall deposit a sum of Rs.52,00,000/- (Rupees Fifty two lakhs only) in this Court within a period of eight weeks. Upon deposit of this sum, the Prothonotary and Senior Master shall from time to time deposit the same in fixed deposit of a nationalised bank. ii) The defendants state that the two flats being Flat Nos.101 and 102 in the building known : 2 : as ‘Pluto’ are allotted to the plaintiffs. However, the said flats are now attached by the Income Tax authorities as per the letter of attachment being exhibit 7 to the affidavit in reply to the Notice of Motion filed by the partner of Defendant No.2 dated 31.1.2008. The defendants further undertake that they would have no objection if the said two flats attached by the Income tax authorities are taken possession of and dealt with by the plaintiffs as and when the said attachment is lifted. However, the plaintiffs shall be responsible for the payments to be made towards the maintainance charges/outgoings of the said flat. Undertaking given by the defendants is accepted. iii) The Prothonotary and Senior Master shall appoint a surveyor from the panel of the High Court at the cost of the plaintiffs to submit a report on construction of the road as per clause (15) of the development agreement dated 7.8.2002. iv) The Surveyor shall visit the premises after giving notice to all the parties. The parties shall be free to make their submissions before the Surveyor as and when he visits the site to : 3 : survey the said road. Upon the Surveyor submitting the report to the Prothonotary and Senior Master, parties are at liberty to obtain copies of the same and to also move this Court only on the issue pertaining to the said road. 2. Needless to add that this order is without prejudice to the rights and contentions of both the parties. (S.J. KATHAWALLA, J.)