1 IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINA CIVIL JURISDICTION NOTICE OF MOTION NO.1410 OF 2007 IN SUIT NO. 2000 OF 2002 M/s Laxmi Avenue Co-operative Housing Society Ltd. ......Plaintiffs V. M/s Laxmi Builders & Developers & Others ......Defendants Mr. D.S. Chandani for the plaintiffs Mr. Piyush Shah for the defendant No.1 Mr. H.C. Pimple for the defendant No.2 CORAM : A.A. SAYED, J. DATE : 8TH JULY, 2009. P.C. 1 The above Notice of Motion has been taken out by the plaintiff-society against the defendant No 1 interalia alleging contempt and to initiate the criminal prosecution against the defendants for breach of the order dated 14th July, 2004 in Notice of Motion No. 1716/2004 in the above suit whereby, according to the plaintiff-society, the defendant No.1 has made a false statement to this Court that they are ready and willing to execute the conveyance in respect of the plot of land being survey No. 68, Hissa No. 6 CTS admeasuring 938,00 sq. yards situate at village Mulund (East) Navghar Road, Taluka Kulra, Mumbai 400 091, It is 2 also prayed that the defendant No.1 be directed to execute the conveyance in respect of the said plot of land. There are also other reliefs prayed in the Notice of Motion. The learned Counsel for the plaintiffs has pointed out the order dated 14-07-2004 (Patel, J.) in Notice of Motion No. 1776/2004. The said order reads as follows:- " Heard. 2, Learned Counsel for Defendant No.1 submits that the Defendant No.1 is ready to execute conveyance in favour of the Plaintiffs Society subject to the Plaintiff-Society paying the expenses as agreed between the parties. 3. Another condition on which the Defendant No.1 has made this offer is that the Plaintiffs Society should also pay all those outings, taxes and charges, which have been paid by Defendant No.1 on their behalf as a precondition for executing the conveyance. It is submitted that the Defendant No.1 has already given particulars of such expenses and charges to the Plaintiffs. 4. In view of the fact that the Defendant No. 1 is ready to execute the conveyance on certain conditions, the Plaintiffs can proceed to obtain conveyance from the Defendant No.1 on meeting the expenses required for execution of conveyance and so far as the other claims are concerned the Plaintiffs can without prejudice to its rights deposit the same in this Court so that the decision can be taken as to whether the Defendant No.1 is entitled for the same or not. 5 Other prayers in the notice of motion cannot be considered at this stage. Rest of the controversy in the suit can be considered on merits as these are disputed questions of fact. 3 6 It is made clear that in so far as Municipal Corporation for Greater Mumbai is concerned, it can proceed in the matter of demolition of unauthorized construction after giving fresh show cause notice to the Defendant by following procedure under the Bombay Municipal Corporation Act. 7. Notice of Motion stands disposed of accordingly. 8. All Authorities/parties concerned to act on an ordinary copy of this Order duly authenticated as true copy by Associate of this Court." 2 Perusal of the above order, discloses that the defendant No.1 through their Counsel had made a statement that they are ready to execute the deed of conveyance in favour of the plaintiff-society subject to the plaintiff-society paying expenses as agreed between the parties. Upon query being made by this Court as to what are the balance expenses which the plaintiff-society has to pay in respect of execution and registration of the conveyance, the learned Counsel for the defendant No.1 submitted that according to the defendant No.1 a balance sum of Rs. 1,75,000/- approximately is required to be paid by the plaintiff-society to the defendant No.1 after deducting the sums already paid by some flat purchasers. The learned Counsel for the plaintiff-society however has disputed this figure. The learned Counsel for the plaintiff-society however stated that without prejudice to the rights and contentions of plaintiff- society, the plaintiff-society is ready and willing to deposit this amount in Court. The learned Counsel for the plaintiff-society and 4 defendant No.1 submitted that they are willing to execute the conveyance without prejudice to their other rights and contentions and without alluding to the litigation between the parties in the recitals of this proposed deed of conveyance. The learned Counsel for the plaintiff-society submitted that under the Maharashtra Ownership Flats Act it is obligatory on the defendant No.1 to execute the conveyance. He submitted that it is also obligatory to render accounts of money received by the defendant No.1 from the flat purchaser/members of the society. 3 Considering the facts and circumstances of the case, in my opinion, the following order would meet the ends of justice. (i) Upon the plaintiff-society depositing Rs. 1,75,000/- in the Court within 12 weeks from today, the defendant No.1 is directed to execute the Deed of Conveyance with plaintiff-society and register the same within 8 weeks from the date of the aforesaid deposit. (ii) The defendant No.1 is permitted to withdraw the aforesaid amount of deposit for the execution and registration of the conveyance and the defendant No.1 shall bear the entire costs thereof, including out of pocket expenses, if any. The defendant No.1 upon execution and registration of Deed of Conveyance hand over the original Deed of Conveyance and the original title deeds in their possession to the plaintiff-society. (iii) Both parties are directed to co-operate with each other for 5 execution and registration of the Deed of Conveyance. (iv) The defendant No.1 shall make a full and complete disclosure on Affidavit in respect of the amounts received and expended by them within 4 weeks of the registration of the Conveyance Deed. 4 This order is passed without prejudice to the rights and contention of the parties and keeping all contentions of the parties open to be raised at the time of the final hearing of the suit, including that of adjustments of any amounts. 5 So far as other prayers in the Notice of Motion are concerned, the same stand rejected in view of the orders passed in the contempt petition No.87 of 2005 and the appeal filed therefrom. 6 Notice of Motion to stand disposed of in the aforestated terms. A.A.SAYED J.