1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO.462 OF 2009 IN WRIT PETITION NO.55 OF 2008. Gunnebo India Limited (Formerly known as Steelage Industries Ltd.) ..Petitioner. vs. Shri Monappa Poojari & Anr. ..Respondents. .... Mr. Vinod Tayade, i/b. Piyush Shah, for Petitioner. Mr. S.A. Sawant, for Respondent No.2. .... CORAM : S.J.KATHAWALLA, J. DATE : 23RD SEPTEMBER 2009. P.C. This notice of motion is taken out by the respondent no. 2- workman for necessary directions allowing him to withdraw an amount of Rs.3,00,000/- deposited by the petitioner in pursuance of the order dated 7 th April 2008 in writ petition no.55 of 2008 with accrued interest thereon. 2. The learned Advocates appearing in the matter were heard on 22 nd September 2009 when on behalf of respondent no.2, it 2 was submitted that the respondent no.2 be allowed to withdraw the said amount alongwith accrued interest thereon, upon the workman undertaking not to sell or create any third party rights in respect of his ownership flat being flat no.24, admeasuring 537 sq.ft. on 7 th floor of the building ‘Om Residency’ at Parel Village (the said flat). It was submitted that a co-operative society of the flat purchasers is not formed yet and the only document of title with the petitioner is the agreement for sale of the said flat. 3. The learned Advocate appearing for the petitioner had informed the Court that the petitioner will have no objection if respondent no.2 is allowed to withdraw the said amount, on his undertaking that pending the hearing and final disposal of the petition, he will not encumber, part with possession and/ or create any third party rights in respect of his ownership flat. 4. The respondent no.2 was, therefore, directed to produce on 23 rd September 2009, i.e. today, the original agreement for sale entered into by and between the Builder and respondent no.2. 3 Respondent no.2 has today produced the original agreement for sale in respect of the said flat which agreement has been perused by the Court as well as the learned Advocate for the petitioner. 5. Under the circumstances, the following order is passed :- (i) The respondent no.2 shall file an affidavit, undertaking to this Court that he has till date not parted with possession and/or created any third party rights and/or encumbered the said flat in any manner whatsoever and that pending the hearing and final disposal of the petition, he shall not encumber, part with possession, and/or create any third party rights in respect of the said flat without first obtaining permission of this Court. Respondent no.2 shall also undertake that in the event of this Court ordering / directing the respondent no.2 to bring back the said amount, withdrawn by the respondent no.2, with or without any interest, the respondent no.2 shall abide by the directions/orders passed by this Court. (ii) Upon filing of the aforesaid undertaking alongwith a notarised copy of the agreement for sale and also providing a 4 notarised copy of the agreement for sale to the Advocates for the petitioner, the Office of the Prothonotary and Senior Master shall hand over to the respondent no.2 the said amount of Rs.3,00,000/- alongwith interest accrued thereon. 6. Notice of motion is accordingly disposed of with no order as to costs. [ S.J.KATHAWALLA, J. ]