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 ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3726 of 2008. NOTICE OF MOTION NO.3726 of 2008. NOTICE OF MOTION NO.3726 of 2008. IN IN IN SUIT NO.508 of 2002. SUIT NO.508 of 2002. SUIT NO.508 of 2002. Ms.Marianne Sequeira nee Saldhana & Anr. ..Plaintiffs versus Jai Neptune Co-op.Hsg.Soc. & Others ..Defendants Mr.Denzil D’Mello for the plaintiffs Mr.H.C.Toor i/b.Castelino for defendant No.1 CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 16th March, 2009. DATED : 16th March, 2009. DATED : 16th March, 2009. P.C. 1. After hearing Counsels on both the sides it is noted that the Defendant No.1 society is developing the property and in the process, in lieu of the suit flat No.204 a new flat No.901 would be allotted. Presently, the Receiver, High Court, Bombay is appointed and defendant No.5 is appointed as agent of the Court Receiver. The defendant No.5 has filed affidavit stating that in the process of development he has been inducted in one tenement situated at Sai Krupa Nagar, Malad (West). The detail address is set out in paragraph 3 in the affidavit dated 6.2.2009. This will mean that defendant No.5 is provided with alternate -2- accommodation. In view of this, immediately if the Receiver is directed to hand over the possession to defendant NO.1 for demolition and for development, no prejudice would be caused to the either party and after the new construction comes up the flat in question is going to be flat No.901 on 9th floor. The defendant No.1 shall induct the Court Receiver in the new flat i.e. flat No.901 after the new building is ready for occupation. 2. Counsel for the plaintiff expressed a fear that if the project fails, plaintiffs would be in difficulty and therefore he suggested that defendant No.1 may be put to terms in as much as defendant No.1 should be asked to furnish bank guarantee of a reasonable amount so that if the project fails, plaintiffs can enforce the bank guarantee against the defendant No.1 to the extent of the amount of the bank guarantee. 3. After having considered the interim arrangements, so far as accommodating defendant No.5 the arrangement as above can be made so that the project will not be hampered and after the new building is constructed, the Receiver shall take possession and put the defendant No.5 in possession -3- of suit flat No.901 in quantum of the guarantee considering the suit flat is in Malad and the area of the said flat is 600 sq. ft. the guarantee amount can be fixed at Rs.35,00,000/-. Receiver is directed to hand over vacant and peaceful possession of flat No.204 to defendant No.1. This be done within one week after the copy of this Order duly authenticated by the Court P.A. is received by the Court Receiver. 4. After the developer is put in possession of flat no.204 they are free to demolish the building wherein the flat No.204 is situated. After the development project is complete, defendant No.1 shall hand over the vacant and peaceful possession of the flat No.901 in the new building to the Receiver, who shall in turn hand over the possession of the same to the defendant No.5 as agent, as in the past. The terms on which the defendant No.5 shall continue to be the agent of the flat No.901 shall be the same of which flat No.204 was put in his possession as the agent. The defendant No.1 shall furnish in favour of the plaintiffs bank guarantee to the tune of Rs.35,00,000/- and that the said bank guarantee can be enforced by the plaintiffs if the defendant No.1 -4- fails to comply with the redevelopment project on or before 31.12.2011. 5. The terms of the bank guarantee shall be settled by the Prothonotary & Senior Master, keeping in view the aforesaid directions. The defendant No.1 shall hand over the vacant and peaceful possession of the flat No.901 to the Receiver, High Court, Bombay and nobody else. 6. Notice of motion stands disposed of in above terms with no order as to costs. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) -5- 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 ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.367 OF 2009. CHAMBER SUMMONS NO.367 OF 2009. CHAMBER SUMMONS NO.367 OF 2009. IN IN IN SUIT NO.508 OF 2002 . SUIT NO.508 OF 2002 . SUIT NO.508 OF 2002 . -------------------------------------------------------------------- ------------------------- ------------------------- Office Notes, Office Memoranda of Coral, appearances, Court’s orders or directions and Registrar’s Courts or Orders. Judge’s orders -------------------------------------------------------------------- Mr. Denzil D’Mello for the appplicant Mr.Toor for the defendant CORAM : CORAM : CORAM : R.Y.GANOO, J. R.Y.GANOO, J. R.Y.GANOO, J. DATED : 16th March, 2009. DATED : 16th March, 2009. DATED : 16th March, 2009. P.C. This Chamber Summons is pending. Returnable date is extended upto 3.4.2009. Same to be shown on board forhearing on 3.4.2009. (R.Y.Ganoo, J.)