1 NMS.4390.06-S.3487.06(901).sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4390 OF 2006 IN SUIT NO. 3487 OF 2006 Clera Simon Mendonza & Ors. ...Plaintiffs Vs. M/s. Parivar Co-operative Housing Society Ltd. & Ors. ...Defendants Ms. Pratibha Shelake i/b. R.D. Thorat for the Plaintiffs Mr. Ashutosh Singh i/b. Piyush Shah for Defendants 1 to 3 CORAM : SMT. ROSHAN DALVI, J. DATED : 25TH NOVEMBER, 2011 P.C. : 1. Both Counsel have no instructions, have not read the papers, and could not argue. They applied for time for other Advocates to appear. The Notice of Motion has been taken out in 2006. The ad- interim order itself shows why relief in the Notice of Motion was not granted even in 2006. The Plaintiffs desire reliefs of appointment of Court Receiver and usual injunctions. The ad-interim order itself shows that for 13 years Plaintiffs have not adopted proceedings to enforce their rights. It also records that the construction has come up to a substantial extent. It is now 17 years since Plaintiffs could have asserted their rights. 5 years after the order of injunction the construction could have completed. 2. Defendant No.1 is the Society of flat purchasers. Defendant No.1 is shown to have made serious disputes regarding fabrication of 2 NMS.4390.06-S.3487.06(901).sxw documents and fraud committed by the Chief Promoter which has also been observed in the ad-interim order. The Plaintiffs would be entitled to relief only after trial. 3. No case for grant of relief is made out. 4. Notice of Motion is dismissed. (SMT. ROSHAN DALVI, J.)