1 nms3360-10 (II).odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3360 OF 2010 IN SUIT NO.2009 OF 2003 Kiran Co-operative Housing Society Ltd. ..Plaintiffs Vs Gopinath Ganpat Patil ..Defendants -- Mr.R.M.Haridas, for plaintiffs. Mr.D.M.Joshi, for defendants. -- CORAM : R.G.KETKAR, J. DATE : 7 th JULY, 2011 P.C: Heard Mr.Haridas, learned counsel for the plaintiffs in support of this Motion and Mr.D.M.Joshi, learned counsel for the defendants. 2] Plaintiffs are Co-operative Housing Society registered in the year 1997 under the provisions of the Maharashtra Co- operative Societies Act, 1960. The said Society is governed by PWR scheme 219 and is a Society for Scheduled Caste persons. The plaintiffs appointed M/s.B.J.G.Constructions for construction 2 nms3360-10 (II).odt work of the building of the Society. The construction work actually started in the year 1984 or thereabout. In the year 1985, one Shri.Shukla of M/s.B.J.G.Constructions appointed the defendant as a Security Guard. In the year 1985-86, plinth work of the building was completed. The defendant being Security Guard used to lookafter the building and used to keep his articles somewhere in the ground floor premises of the building. During the night time, the defendant used to sleep in the ground floor of the premises. 3] Since the construction of the building was not completed till or about 1991 as also number of litigations were initiated, the contractor left the construction incomplete in or about 1990. It is the case of the plaintiffs that in or about October, 1991, the plaintiffs completed the construction work of the building. After completion of the construction work, flats were allotted and the defendant was asked to remove himself. However, the defendant is unlawfully and unauthorisedly using and occupying Flat No.A-2, situate on the Ground floor of the building of the Society (fort short "suit flat"). It is in these circumstances, the plaintiffs instituted suit for declaration that the defendant is in unauthorised use and occupation of the suit flat and for a decree directing the defendant to remove himself with all of his belongings from the suit flat. The plaintiffs have further prayed 3 nms3360-10 (II).odt for decree ordering the defendant to pay/deposit amount of charges of suit flat at the rate of Rs.970/- per month from the date of filing of the suit till realisation of the decretal amount. 4] The plaintiffs have taken out this Motion for directing the defendant to deposit amount of Rs.10,000/- per month towards the occupancy charges with the plaintiffs. The learned counsel for the defendant, on instructions from his client who is present in the Court, states that within two months from today the defendant will pay to the plaintiffs arrears at the rate of Rs.970/- per month from the date of suit till date and will continue to pay Rs.970/- per month on or before 10th day of every succeeding month. The statements made by the leaned counsel for the defendant are accepted. 5] The defendant, therefore, is directed to pay arrears at the rate of Rs.970/- per month from the date of suit till date within two months from today. The defendant is further directed to pay Rs.970/- per month on or before 10th day of ever succeeding month, pending the suit. 6] The learned counsel for the defendant states that the defendant will pay the amount by cheque drawn in favour of the plaintiffs. He will hand over the said cheque either to the 4 nms3360-10 (II).odt Chairman or Secretary of the Society. Upon receipt of the cheque, plaintiffs, in turn, shall issue receipt thereof. 7] In view of the aforesaid direction, Notice of Motion stands disposed of with no oder as to the costs. [R.G.KETKAR, J.]