:1: 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 160 OF 2008 IN EXECUTION APPLICATION NO.256 OF 2007 IN ARBITRATION PETITION NO.10 OF 2001 Maharashtra Apex Corporation Ltd. ..Petitioner. Vs. Mr.Prakash H. Mahtani & Anr. ..Respondents. And Shri Ashok Kumar Doda & Anr. ..Applicants. Mr.Sanjay Jain i/b.Mr.Ramesh Jain and Mrs.K.Jain for the Petitioner. Ms.Rita Bhatia for the Applicants. CORAM : S.J. CORAM : S.J. CORAM : S.J. VAZIFDAR, J. VAZIFDAR, J. VAZIFDAR, J. DATED : 7TH FEBRUARY, 2008 DATED : 7TH FEBRUARY, 2008 DATED : 7TH FEBRUARY, 2008 P.C. : P.C. : P.C. : This is an application for raising an attachment levied in respect of a flat alleged to have been purchased in September, 2006 for a consideration of Rs.25,00,000/-. The carpet area admeasures 1038 sq. ft. The owner of the flat has two car parking spaces. The flat is situated at Cuffe Parade. 2. Initially, it was stated the MOU in respect of the flat was entered into in 2005. The MOU has :2: however not been produced despite request. 3. Mr.Jain, the learned counsel appearing on behalf for the Judgment Creditor stated that the entire transaction is fraudulent. He stated that the MOU is not produced and that the alleged sale deed contains several blanks. Both these averments factually, viz. that the MOU is not produced and that the sale deed contains blanks are correct. 4. The learned counsel appearing on behalf of the Applicants states that the Applicants propose letting out the flat on leave and licence basis. She therefore seeks permission to do so. 5. In my opinion, the rights of the Judgment Creditor and the Applicant are required to be protected. The Applicants cannot at this stage be permitted to commercially let out the flat without any conditions. 6. Hence, the following order is passed :- i) The Applicants are permitted to let out the flat on leave and licence basis to the proposed licensee subject to the licensee :3: filing an affidavit in this Court agreeing and undertaking to vacate the flat as and when required by this Court. ii) It is clarified that the licensee shall in any event be permitted to occupy the flat for a minimum period of 11 months from the date of the licence and that the licensee will get three months notice to vacate the flat. iii) Further, the licensee shall also agree and undertake to pay the licence fees in Court. The said amount shall be invested in a Nationalised Bank initially for a period of six months and thereafter for the like periods of six months each. 7. All parties are directed to act on an ordinary copy of this order duly authenticated by the Associate/Personal Assistant.