- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3920 OF 2007 IN SUIT NO.3169 OF 2003 The Municipal Corporation of Greater Bombay. ..Plaintiffs V/s. Shri Akbarali Ebrahim Jetha ..Defendant Mr. Sirshekar i/by. S.H.Ujjainwalla & Co. for the plaintiffs Mr. S.S.Jain for the defendant. CORAM: SMT.ROSHAN DALVI, J CORAM: SMT.ROSHAN DALVI, J CORAM: SMT.ROSHAN DALVI, J 16th July, 2008 16th July, 2008 16th July, 2008 P.C. P.C. P.C. . The Notice of Motion has been served upon the plaintiffs on 14-11-2007. There is no affidavit in reply. The defendant is a senior citizen. He desires the suit to be expedited. The Suit is for recovery of a balance sum sought to be recovered as having been short paid at the time of surrender of suit premises which was owned by the defendant and tenanted to the plaintiff. The amount was derived upon the construction cost based upon the actual built up area. The plaintiffs have sought to recover the balance of the shortfall. The defendant has denied the claim. The ambit of the Suit is extremely narrow. Written-statement is filed. Suit - 2 - is expedited. It shall appear on Board for framing issues on 4th August, 2008. The defendant shall bring draft issues. The plaintiff shall file the affidavit of examination in chief on the next occasion. . Notice of Motion disposed of accordingly. (SMT.ROSHAN DALVI,J) (SMT.ROSHAN DALVI,J) (SMT.ROSHAN DALVI,J)