1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.212 OF 2010 IN WRIT PETITION NO.632 OF 1995 Anil Balkrishna Sawant & Ors. .. Petitioners Vs. Maharashtra Housing and Area Development Authority and Ors. .. Respondents Mr.U.P.Bobde i/b Mr.D.D.Belosey for the petitioner Mr.G.W.Mattos, A.G.P. for respondent / State Mr.Y.P. Ladkar, Court Receiver present CORAM : J. N. Patel, Acting C.J. & S.C.Dharmadhikari, J. DATE : June 14, 2010 P.C. : 1. Heard. 2. This Notice of Motion is taken out by the petitioner for handing over the possession of Flat No.101 in Building No.M-11 A at Pratiksha Nagar, Sion, Mumbai and for other ancillary reliefs like direction to the respondents to carry out all the necessary works so as to make the said flat habitable. 2 3. The learned counsel for the respondent MHADA has no objection. The Court Receiver who is present before the court states that an amount of Rs. 1300/- is lying with the Court Receiver and that can be refunded. Therefore, we dispose of this Notice of Motion with a direction to the Court Receiver to hand over possession of Flat No.101 in Building No.M-11 at Pratiksha Nagar, Sion, Mumbai to the petitioner after giving notice to the Director (Marketing), Mumbai Board of MHADA within a period of one week. On such possession being handed over to the petitioner, respondent MHADA would carry out the necessary works so as to complete the flat and make it habitable within a period of 4 weeks. The Court Receiver would refund the balance amount lying in its account to the petitioner on compliance of this direction. 4. Court Receiver, High Court, Bombay stands discharged without accounts. Notice of Motion stands disposed of. In view of the aforesaid order, nothing survives in the petition, petition also stands disposed of accordingly. ACTING CHIEF JUSTICE S.C. DHARMADHIKARI, J