-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.6339 of 2007 Dr.Prakash Khubchandani ..Petitioner vs. Harshawardhan Leasing Ltd. and others ..Respondents Shri V.B.Naik for petitioner. Shri S.P.Kalra,Sr.Counsel with Shri Rajiv Kappor and Shri S.G.Karandikar for respondents CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 29th January, 2008 29th January, 2008 29th January, 2008 P.C. P.C. P.C. 1. After the matter was argued for some time, parties agreed to the following order:- i) The petitioner, who is present in Court, states that the keys of the suit flat would be deposited in this Court on or before 30th January, 2008. The keys would be handed over to the Registrar (Judicial) of this Court who shall keep them in safe custody till further directions of this Court. Shri Kalra, learned Senior Counsel appearing for respondent no.1 states that the bankers’ cheque for Rs.2 crores has been revalidated and the same is being handed over to Shri V.B.Naik, learned Counsel appearing for the petitioner in Court. -2- ii) Shri Naik states that the bankers’ cheque would be deposited on or before Thursday the 31st January, 2008 with the concerned Bank. As soon as the same is honoured , the petitioner would have no objection to the keys being handed over by the Registrar (Judicial) of this Court to the first respondent or to Shri S.G.Karandikar, Advocate appearing for respondent no.1. iii) The claim in so far as the interest and damages are concerned, the same shall be the subject matter of the civil suit which is pending in this Court. The keys are being deposited so also the demand draft/bankers’ cheque handed over without prejudice to the rights and contentions of both sides in the pending civil suit. iv) The application for eviction filed before the Competent Authority stands disposed of in the above terms. There would, however, be no order as to costs. v) Shri Naik, after taking instructions, makes a statement that the petitioner would complete all -3- the formalities of the bankers’ cheque being handed in and necessary clearance thereof within a period of one week from today. Registrar (Judicial) is directed to retain the keys with him initially for a period of one week and thereafter abide by any further directions of the Court. 2. Liberty to apply. 3. Petition is disposed of. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)