: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1457 OF 2009 IN SUIT NO. 986 OF 2009 M/s. Rite on Coal .. Plaintiff V/s. Kanakia Park Co.op. Hsg. Society Ltd. .. Defendant ..... Mr. D.V. Sutar for the plaintiff Mr. G.S. Bhatt for the defendant ..... CORAM : S.C. DHARMADHIKARI, J. DATE : 23rd SEPTEMBER, 2009. P.C. : 1. The plaintiff is present in Court and states that in due compliance with the ad-interim order of this Court, he has removed the iron gate and the portion is now open for being accessed from the front side. Mr. Bhatt appearing for the defendant further complains that the enclosure has not been removed. There is a dividing wall and according to Mr. Bhatt, the open portion outside the shop premises may be utilized by the plaintiff and thereafter it would cause inconvenience not only to the society and its members but also to the passersly. 2. The partner of the plaintiff Dhananjay R. Shetty is present in Court and after taking instructions from him, Mr. Sutar makes a statement that the portion which is : 2 : open and in front of the suit shop will always be kept open and will not be enclosed by the plaintiff until the hearing and final disposal of this suit. He will not serve any articles or food or place tables or chairs in the said portion. Further, he would not make any construction or enclose the same. He further states that if the dividing wall is directed to be removed by the local authority then, he will comply with that order / direction, subject to his rights in law. 3. In the light of the ad-interim order and the present undertaking to this Court, the Notice of Motion can be disposed off. Accordingly, it is directed that the ad- interim order to continue until the hearing and final disposal of the Suit. Further, all statements made today are accepted as undertakings to this Court and in the light of these undertakings that the ad-interim order is confirmed and continued till the hearing and final disposal of the suit. Any breach or violation of this undertaking would entail not only in the ad-interim order being vacated but the Suit itself being dismissed in addition to the Court proceeding against the plaintiff for Civil Contempt. (S.C. DHARMADHIKARI, J.)