1 NMS 99.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 99 OF 2011 IN SUIT NO. 3237 OF 2010 Sarla G. Asudani. ... Plaintiff. V/s. Nandlal L. Chhabria & Ors. ... Defendants. Mr. D.H. Mehta i/b. R.R. Sharma for the Plaintiff. Mr.Y.K. Sharma for Defendants 1 and 2. CORAM : S.J. KATHAWALLA, J. DATED : 06th JULY 2011. P.C. :- Heard learned Advocates appearing for the parties and the following order is passed by consent of the parties :- (i) The Office premises bearing No.21 admeasuring 335 sq.ft. in the building known as Rajgir Chambers, opposite Old Custom House, Fort, Mumbai – 1 (the Suit premises), shall be sold to the highest offerer on or before 31st October 2011 and the sale proceeds shall be divided equally between the Plaintiff and the Defendant No.1. Both the parties shall be at liberty to bring their proposed purchasers. (ii) The Defendant No.1 undertakes to clear the outstanding dues, if any, to the Union Bank of 2 NMS 99.11.sxw India. The Defendant No.1 shall also undertake to clear all the outstanding dues of the Society in respect of the Suit premises. (iii) Parties agree that the share of the Plaintiff as regards the flat on the 4th floor in the building known as Mangal Bhandar Co-op. Hsg. Soc.,behind Khar Telephone Exchange, Khar (W), Mumbai – 52 admeasuring 1200 sq.ft. carpet area (the Suit flat) is 40% and the share of the Defendant No.1 in the suit flat is 60%. (iv) That if the Suit flat is taken up for re-development and if the Defendant No.1 has already given possession of the suit flat for the purpose of re- development and has shifted to an alternate accommodation within a period of 18 months from today, upon getting possession of the re-developed flat, the same shall be sold off by the parties and the sale proceeds shall be shared by the Plaintiff and Defendant No.1 in the ratio of 40 : 60 However, if within a period of 18 months, the re- development process has not reached to the extent of the Defendant No.1 handing over possession of the said flat and shifting to an alternate accommodation the parties shall not wait for re- development but shall sell the said flat on as is where is basis and share the sale proceeds in the ratio of 40 : 60. 3 NMS 99.11.sxw (v) In the event of the flat going in for re- development, all benefits received including compensation/corpus (except the rent for alternate premises) shall be shared in the ratio of 40 : 60 between the Plaintiff and Defendant No.1. (vi) All steps pertaining to the re-development shall be conveyed in writing by the Defendant No.1 to the Plaintiff. A copy of this order shall be forthwith forwarded to the Developer as well as the Society. (vii) Defendant No.2, who is present in Court undertakes that in view of the above order, he shall at no point of time claim any independent share in any of the above two premises. (viii) In view of this order, the Plaintiff gives up all other claims raised in the Suit. 2. The Suit is accordingly disposed of. 3. The Notice of Motion also stands disposed of. 4. Refund of Court fees if any, as per rules. (S.J. KATHAWALLA, J.)