1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2846 OF 2009 IN wp7915/08 WITH WRIT PETITION NO.7915 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. Nitin P Deshpande, for the applicants. Mr Vijay Patil, for petitioner in writ petition. CORAM : D.B.BHOSALE, J. DATE : 04/12/2009 PC: Heard learned counsel for the parties. By this civil application, the applicants, who are respondents in the petition, have prayed for recalling the order dated 23.4.2009 passed in the writ petition to the extent it directs the applicant-society to carry out repairs of the respondent’s flat. I have perused the order impugned in the writ petition. I am not inclined to recall the order, as prayed. However, it is made clear that if T 2 the applicant-society ultimately succeeds in the dispute, the respondent, who is petitioner in the writ petition, shall refund the amount that will be spent by the society for carrying out the repairs, to the society with simple interest at the rate of 6% per annum within a period of 12 weeks from the date of decision in the dispute. The civil application is disposed of. At this stage, learned counsel for the parties submit that the writ petition itself be disposed of in terms of this order. Hence, the writ petition is disposed of in terms of this order. Rule accordingly stands discharged. The Co-operative Court shall decide the dispute as expeditiously as possible and preferably within a period of six months from the date of receipt of this order. It is needless to state that the society shall endeavour to carry out the repairs as expeditiously as possible and 3 preferably within a period of four months from today. It is open to the petitioner- society to raise funds from all members of the society including the applicant/respondent for carrying out the repairs. (D.B.BHOSALE, J.) 4