rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.322 OF 2007 NOTICE OF MOTION NO.322 OF 2007 NOTICE OF MOTION NO.322 OF 2007 IN IN IN SUIT NO.1970 OF 2005 SUIT NO.1970 OF 2005 SUIT NO.1970 OF 2005 Vivek P.Bajaj ..Plaintiff V/s. Anil P. Bajaj & Ors. ..Defendant Mr.V.V.Khemka for the Plaintiff. Mr.Anil Bajaj Defendant No.1 present in person. Mr.Jaghani i/b. Ashar & Co. for the Defendant No.3. Mr. Anil D’souza, for the Defendant No.4. Mr. P.S.Shah for the Defendant No.5. Ms.Jyoti Shah i/b.M/s.Daru Shah & Co.for the Defendant No.2 CORAM: S.J. VAZIFDAR J. CORAM: S.J. VAZIFDAR J. CORAM: S.J. VAZIFDAR J. DATE : 22ND FEBRUARY,2008. DATE : 22ND FEBRUARY,2008. DATE : 22ND FEBRUARY,2008. P.C. : P.C. : P.C. : . This Notice of Motion is taken out by Defendant No.1. Several reliefs are claimed in the Notice of Motion. However, Defendant No.1 has confined himself to prayer clauses (b) and (d). In prayer (b), Defendant No.1 has sought an order directing Defendant No.3 and his son and Defendant No.5 to give him the money to complete the construction of the shops and compound. In prayer (d), Defendant No.1 has sought an order directing the Court Receiver to hand over possession of the shops : 2 : and to allow him to complete the construction of the same from the money’s referred to in prayer (b). 2. At the interlocutory stage it is not possible to grant these reliefs. It is true that by an order dated 11th December, 2006 in an earlier Notice of Motion being Notice of Motion No. 2084 of 2006, the Court Receiver was appointed inter alia of the said premises and had directed the Court Receiver to appoint an agent from amongst the parties to the proceedings in respect thereof. It is stated that the construction of the said premises however is not complet and therefore, the order cannot be complied with, in so far as it relates to appointing an agent of the premises. 3. I cannot direct any of the parties to complete the work of construction at their cost. None of them are willing to do so. I appriciate that the property is at the moment not yielding any income. That however, is a matter for the parties to sort out amongst themselves, or to seek appropriate orders in appropriate proceedings. : 3 : 4. The Notice of Motion is accordingly dismissed. *******